Sun Pharmaceuticals seeks injunction for trademark ‘REVITAL’

NEWS

By Pallavi Paul

Sun Pharmaceuticals Industries Ltd. filed an application for permanent injunction against Nukind Healthcare Limited for infringing their prior registered and used trademark ‘REVITAL’. The plaintiff contended that they have been using the trademark ‘REVITAL’ as a daily supplement since the year 1998 and as such acquired immense goodwill and reputation in the same whereas the defendants do not hold any registration of their mark ‘NUVITAL’ and the same has been manufactured recently in and around the month of February, 2021. The defendant blatantly copied the entire label and

NEWS

By Pallavi Paul

packaging and trade dress of their well-known trademark including the color combination for the carton packing and the circles used for displaying the product and thereby registered the mark ‘NUVITAL’ and used it for identical goods. The overall color combination of the plaintiff’s trademark ‘REVITAL’ as well as the get up and placement of features constitutes ‘original artistic work’ within the scope of Copyright Act and thereby the plaintiff has exclusive right over the same and any unauthorized reproduction of the same constitutes infringement.   The Delhi High Court stated that the plaintiff has made out a prima facie case and restrained the defendants from manufacturing, selling, offering for sale, advertising, directly or 

NEWS

By Pallavi Paul

indirectly dealing in medicinal preparations/ health supplements under the mark ‘NUVITAL’ as the mark was deceptively similar to the Plaintiff’s trade mark ‘REVITAL’. The matter is listed for hearing on 27th August, 2021.