The appellant-plaintiff, Rainbow Children\u2019s Medicare Limited (RCML), is a leading pediatric and maternity healthcare provider established in 1998. It operates several paediatric multi-speciality, obstetrics and gynaecology hospitals across India under the brand “Rainbow Hospitals”, and owns several registered trademarks for the word \u201cRainbow\u201d in Classes 42 and 44. In 2022, RCML came across defendants\u2019 listing under the title ‘Rainbow Health Care’ on a few online platforms, and issued a cease and desist notice. The defendants responded by claiming that they were the prior user since 2013, and continued using the marks.<\/p>\n
RCML filed a commercial suit in 2023 seeking a permanent injunction and damages against Rainbow Health Care, alleging infringement and passing off of its registered trademarks.<\/p>\n
The Trial Court had framed the following issues:<\/p>\n
(1) Whether RCML had made a prima facie case?<\/p>\n
(2) Whether RCML proved the balance of convenience in its favor?<\/p>\n
(3) Whether RCML proved that if the injunction is not granted it would suffer from irreparable loss?<\/p>\n
(4) Whether RCML is entitled to relief of temporary injunction as prayed for?<\/p>\n
The Trial Court determined that RCML established the hospital and Bengaluru city in the year 2015, and brought the legal action against the Defendants after 10 years of the commencement of business. Thus, there was no prima facie evidence at the time to show dishonest adaption by the Defendants. Hence, the balance of convenience was in favour of the Defendant, and RCML was not entitled to an injunction.<\/p>\n
This order was appealed in the present case.<\/p>\n
\u00a0<\/strong><\/p>\n In support of its appeal, RCML submitted that, the impugned order(s) passed by the Trial Court was erroneous both on facts and in law, as it:<\/p>\n Defendants claimed as follows:<\/p>\n The High Court held as follows:<\/p>\nRMCL\u2019s Submissions<\/h2>\n
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Defendants\u2019 Submissions<\/h2>\n
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High Court Decision and Analysis<\/h2>\n
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Final Order<\/h2>\n
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