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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Astellas Pharma Inc – Appellant
Versus
Astellaz Pharmaceuticals – Respondent
JUDGMENT :
AMIT BANSAL, J.
1. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademark and passing off their goods and services as that of the plaintiff and other ancillary reliefs.
PLEADINGS IN THE PLAINT
2. The plaintiff i.e., ‘ASTELLAS PHARMA INC.’ is a multinational corporation organised and existing under the laws of Japan, engaged in the business of pharmaceutical products since the year 2004.
3. The plaintiff is the registered proprietor of the mark ‘ASTELLAS’ bearing registration no. 1319069 in class 5. Furthermore, the plaintiff has several registrations, few of which are asserted in the present suit and are enlisted below:
4. The plaintiff has an exclusive presence in India, through its subsidiary Astellas Pharma India Private Limited, incorporated as early as 2008, engaged in developing sales and marketing of in-house products.
5. The plaintiff adopted the mark ‘ASTELLAS’/‘ ’and applied for the registration for the mark ‘ASTELLAS’/ in Class 5 bearing no.1319069 for goods being ‘Pharmaceutical preparations, veterinary and sanitary preparations, oiled paper for medical purposes, sanitary masks, pharmaceutical w
Trademark infringement occurs when a mark is nearly identical to a registered mark, leading to consumer confusion, especially when the defendant fails to contest the claims.
Trademark infringement and passing off can be established based on the use of deceptively similar marks and failure to comply with interim injunction orders.
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The central legal point established in the judgment is the protection of trademarks, the establishment of statutory and common law rights, and the imposition of costs for trademark infringement.
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
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