The Delhi high court has permanently restrained the use of the “Vigoura” mark by a homeopathic drug manufacturer for selling its medicine for sexual disorders.
The court’s decision came on a lawsuit for trademark infringement filed by Pfizer Products Inc., which sells a well-recognised erectile dysfunction allopathic drug under the “Viagra” trademark.
Stating that there was a “strong potential” for confusion between the two names because of their resemblances and overlap in commercial operations, Justice Sanjeev Narula directed Renovision Exports Private Limited not to use “Vigoura” or any other mark that is “deceptively similar” to Pfizer’s trademark “Viagra”.
It also ruled that the plaintiff shall be entitled to nominal damages of Rs 3 lakh, recoverable jointly and severally from the defendant entity.
“The defendants or anyone acting on their behalf are permanently restrained from manufacturing, selling or offering for sale, marketing, advertising or in any other manner using the mark ‘VIGOURA’ or any mark deceptively similar to the plaintiff’s trademark ‘VIAGRA’ in relation to any of their goods as would amount to infringement or passing off of the plaintiff’s registered mark ‘VIAGRA’,” the court said in its order passed on Wednesday.
“Plaintiff’s trademark ‘VIAGRA’ is highly recognised by its name in the sphere of erectile dysfunction drugs. They have invested heavily in building a brand and owing to its success, ‘VIAGRA’ has acquired national and global repute. Consequently, the defendants’ subsequent adoption of the impugned mark with the knowledge of the plaintiff’s existence warrants an award of damages in the plaintiff’s favour,” the court said.
It observed that there was material that successfully proved Pfizer’s status as the proprietor of the “Viagra” trademark and the company’s successful registration in India further proved its exclusive ownership over the mark.
The court said “Vigoura” and “Viagra” exhibited a high degree of phonetic similarity that could mislead consumers into believing that the former was either a variant of or endorsed by the makers of “Viagra”.
