Author: Pranay Bali
In its order dated January 16, 2018 in the matter of Telemart Shopping Network Pvt Ltd v. Tvc Life Sciences Ltd & Anr., the Delhi High Court granted an interim injunction against the Defendant’s use of the mark SANDHEE SUDHAM for its joint-pain relief oil.
The Plaintiff, proprietor and user of the mark SANDHI SUDHA, an Ayurvedic joint pain relief oil, had filed this suit for passing off, seeking an injunction against the Defendant’s use of the mark ‘SANDHEE SUDDHAM’ in respect of a similar product. While the Defendant conceded to the Plaintiff’s prior use, it pleaded that SANDHI SUDHA was publici juris, the word ‘SANDHI’ being Sanskrit for ‘joint’ and being used by multiple persons in the relevant trade.
The Court observed that even if ‘SANDHI’ was being used commonly in the trade, this by itself is insufficient to not render the composite mark SANDHI SUDHA generic. It further observed that “Even otherwise, the defendant himself has applied for registration of the trade mark SANDHEE SUDDHAM and hence, cannot claim that SANDHI is a generic mark.”
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