High Court Declares 'APOLLO' a Well-Known Trademark: A Landmark Judgment
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In a landmark decision, the High Court of Madras bestowed the coveted status of a 'Well-Known Trademark' upon 'APOLLO,' one of the pharmaceutical and healthcare industry's giants. The ruling transpired during a trademark infringement case, where the court deliberated on the plaintiff's entitlement to such a distinguished status and subsequent damages for infringement.
The Verdict: APOLLO Attains Well-Known Status
After a meticulous examination of the evidence presented, the High Court unequivocally declared 'APOLLO' a well-known trademark. The wordmark, synonymous with the plaintiff, successfully met the stringent criteria outlined in the Trade Marks Act 1999 for well-known trademarks, earning the highest level of protection.
Restricted Protection in the Healthcare Industry
While 'APOLLO' now enjoys an elevated level of safeguarding, this protection is confined to the healthcare industry. The case originated from the defendant's use of the mark 'New Apollo Hospitals,' prompting the plaintiff to file an infringement case due to the operational overlap in the industry.
Concluding Infringement and Confusion
The court ruled in favor of the plaintiff, asserting clear infringement and passing-off actions by the defendant. The latter was permanently enjoined from using the deceptively similar mark, with the court highlighting the defendant's intent to cause confusion and capitalize on the goodwill associated with the plaintiff's mark.
Regulatory Framework Clarification
Beyond the trademark declaration, the case clarified post-amendment Trade Mark Rules 2017. The High Court, alongside the Trademark Registry, is now competent to declare a mark as 'Well-Known.' Such declarations by the High Court will be duly considered by the Registry, ensuring comprehensive assessment and acknowledgment of well-known trademarks in the country.
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