Summary
The Delhi High Court recently granted interim relief to Dr. Reddy’s Laboratories Limited in a trademark infringement dispute against Rebanta Healthcare over the use of the mark REBAHEAL. Dr. Reddy’s, as the registered proprietor of the REBAHEAL trademark for products containing Rebamipide, alleged infringement and passing off by Rebanta. The court found that both parties’ marks were visually and phonetically identical, potentially causing confusion and serious health risks due to different therapeutic uses. The order restrained Rebanta from using the REBAHEAL mark or any deceptively similar mark until the next hearing. The case underscores the importance of clear trademark distinctions, especially in the pharmaceutical sector.
In a recent trademark infringement case involving Dr. Reddy’s Laboratories Limited (“Dr. Reddy’s”) and Rebanta Healthcare Pvt Ltd and another defendant (collectively “Rebanta”), the Delhi High Court granted interim relief to Dr. Reddy’s. Dr. Reddy’s sought a permanent injunction to restrain Rebanta from using the trademark “REBAHEAL” claiming that Rebanta’s use of the identical mark infringed upon Dr. Reddy’s statutory and common law rights.
Dr. Reddy’s claimed that it is the registered proprietor of the “REBAHEAL” trademark, which it coined and has been using since June 2023 for a product containing the active ingredient Rebamipide, intended for the treatment of peptic and mouth ulcers.
In June 2024, Dr. Reddy’s discovered that Rebanta was manufacturing, marketing, and selling pharmaceutical products under the “REBAHEAL” mark. Considering that the defendants were using the mark “REBAHEAL” for a product for the treatment of pain, regulating menstruation, and aiding bone repair, Dr. Reddy’s contended that the dishonest, adoption of an identical mark by Rebanta could result in disastrous consequences if the wrong product was dispensed, prescribed, or taken.
Dr. Reddy’s also contended that Rebanta’s use of the identical mark “REBAHEAL” constituted trademark infringement and passing off, and Rebanta was trying to benefit from the established reputation and goodwill of “REBAHEAL” by adopting an identical trademark.
In view of the contentions put forth by the parties, the Hon’ble Court observed that the Dr. Reddy’s had made a strong prima facie case for themselves, and the balance of convenience lay in their favor. While pronouncing its decision, the Court observed as follows:
- The said marks were visually and phonetically identical, likely to cause confusion and deception among the public, doctors and chemists.
- The said products treat different ailments, and this confusion could lead to serious health risks if the wrong medicine was taken.
- The said products target the same consumer base, thus increasing the likelihood of confusion.
Accordingly, the court issued an order restraining Rebanta from manufacturing, marketing, or selling any products under the “REBAHEAL” mark or any other mark deceptively similar to Dr. Reddy’s trademark until the next hearing.
Authored by Ms. Ilana Baruah, Consulting and Strategy Team, BananaIP Counsels
Citation: Dr. Reddys Laboratories Limited v. Rebanta Healthcare Pvt Ltd & Anr, Delhi High Court, 9th July, 2024, [CS(COMM) 553/2024 & I.A. Nos. 32621/2024, 32622/2024, 32623/2024 & 32624/2024] Available at: https://indiankanoon.org/doc/145689256/
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