Unauthorized use of a registered trade mark and logo constitutes infringement and passing off, leading to financial loss and damages, justifying the grant of permanent injunction and award of damages.

JUDGMENT :

(Prayer: This Civil Suit is filed under Order IV Rule 1 of the Original Side Rules r/w Sections 2(1)(c) (xvii) and Section 7 of the Commercial Courts Act, 2015 r/w Sections 27 to 31, 134 & 135 of the Trade Marks Act, 1999 for the following reliefs:-

(a) permanent injunction restraining the defendant, its directors, shareholders, men, agents, partner, associate, officer, representative, servant and all other persons acting on defendant’s behalf from in any manner infringing the plaintiff’s registered trade mark ‘Apollo’ and ‘Apollo Hospital’ and logo (device) marks either directly or by using any structurally, visually, phonetically or deceptively similar mark to the plaintiff’s trademark ‘Apollo’ and ‘Apollo Hospital’ and logo (device) marks;

(b) permanent injunction restraining the defendant, its directors, shareholders, men, agents, partner, associate, officer, representative, servant and all other persons acting on defendant’s behalf from in any manner passing off their services as that of the plaintiff’s by either using the plaintiff’s trademark ‘Apollo’ and Apollo Hospital’ and logo (device) marks or any structurally, visually, phonetically or deceptively similar mark to the plaintiff’s trademark ‘Apollo’ and ‘Apollo Hospital’ and logo (device) marks;

(c) permanent injunction restraining the defendant, its directors, shareholders, men, agents, partner, associate, officer, representative, servant and all other persons acting on defendant’s behalf from in any manner using the name / mark ‘Apollo’ and Apollo Hospital’ and logo (device) marks by themselves or in combination with other characters or words in connection with any medical establishment operated, or medical services rendered, or in any website or uniform resource locator or domain name by the defendant;

(d) mandatory injunction directing the defendant, its directors, shareholders, men, agents, partner, associate, officer, representative, servant and all other persons acting on defendant’s behalf or for its benefit in any manner to transfer the registration of website ‘www.apollobsr.com’ to plaintiff;

(e) the defendant be directed to surrender to the plaintiff all materials, media, etc., whether for invoicing, advertising or any other purpose which contain or bear the plaintiff’s registered trademark or any structurally, visually, phonetically or deceptively similar mark to the plaintiff’s trademark ‘Apollo’ and ‘Apollo Hospital’ and logo (device) marks;

(f) The defendant be directed to render accounts of profits of the defendant in favour of the plaintiff to examine and ascertain the profits made by the defendant, and thereafter on enquiry final decree be passed and or an order for rendition of accounts of profits made by the defendant by using the mark ‘Apollo’ and ‘Apollo Hospital’ and logo (device) marks or any structurally, visually, phonetically or deceptively similar mark to the plaintiff’s trademark ‘Apollo’ and ‘Apollo Hospital’ and logo (device) marks and towards damages as and when ascertained to be awarded to the plaintiff and against the defendant on account of use of the offending trade mark;

(g) Award damages of Rs.1,00,00,000/- (Rupees one crore only);

(h) Declaration that the plaintiff’s registered trademarks ‘Apollo’ and ‘Apollo Hospital’ and logo (device) marks are ‘well known trade marks’ under Section 2(1)(zg) of the Trademarks Act, 1999;

(i) An order for costs of the proceedings

(j) Such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.)

1. Plaint averments in nutshell:

The plaintiff company was incorporated as a Public Limited Company on 5th December 1979 under the provisions of the Companies Act. The plaintiff’s flagship ‘Apollo Hospital’ was inaugurated in the year 1983 with 150 beds. Presently, the plaintiff owns and operates medical facilities throughout India and Abroad. The plaintiff is recognised as the forerunner of integrated healthcare in Asia and is globally recog