ARUDRA ENGINEERS PRIVATE LIMITED V/S. PATANJALI AYURVED LIMITED

DATE- 1/11/2020

The controversial drug manufactured by Patanjali Ayurveda Ltd., which is claimed as medicine for COVID-19, has received another blow by the Madras High Court restricting the company from using the trademark ‘Coronil’. A suit had been filed by the Arudra Engineers Private Ltd. seeking protection of its registered trademark from infringement by the Patanjali Ayurved Limited.

ISSUES-

1. Whether the registered trademark 'CORONIL' of the claimant can be protected under Section 29(4) of the Trade Marks Act, 1999?
2. Whether the defendants were infringing the claimant's registered mark under The Trade Marks Act, 1999?

For the claimants, the contentions were that the mark was similar to the registered trademark of the claimant that could confuse the mind of the consumer, thereby infringing it.

For the defendants, the contentions were that the use of the mark 'Coronil' as an immunity booster is a 'due cause' under the Act, and thus the defendant should not be claiming of infringing the mark of the plaintiff.

JUDGEMENT-

The usage of the word Coronil by the defendants will damage the distinguishing characteristics of the mark of the claimant. Both the words 'CORONIL' are identical, even though the registered mark of the plaintiff is preceded by the letter 'A' and succeeded by digits '92/213' and letters 'B/SPL' still there is a direct infringement on the unique name 'Coronil' by the defendant.