JUDGMENT

SANJEEV NARULA, J.

1. Pfizer Products Inc,1 the Plaintiff, through this lawsuit seeks to protect their trademark rights in “VIAGRA,” a well-recognized erectile dysfunction allopathic drug, by seeking permanent injunction and other ancillary reliefs to prevent the Defendants from marketing their homeopathic medicine under a confusingly similar trademark “VIGOURA,” used allegedly for curing sexual disorders. When the suit was initially filed, Pfizer focused on solely protecting their common law rights in the said mark. However, subsequently, with Pfizer securing statutory rights through trademark registration of “VIAGRA,” the scope of reliefs was broadened, and Pfizer

1 Interchangeably, “Pfizer” or “Plaintiff”.

also alleged trademark infringement, in addition to passing off. The lawsuit thus, raises critical questions concerning cross-border reputation and trademark protection for pharmaceuticals with similar-sounding names, but used for different mechanisms: one is a traditional homoeopathic medicine, while the other is a conventional allopathic drug. By addressing these questions, the Court will determine whether the Defendants’ use of “VIGOURA” infringes upon Pfizer’s “VIAGRA