AP pharmacy can't use trademark of Apollo: Madras HC

Chennai: The Madras High Court has restrained Sri Sai Apollo Pharmacy at YSR Kadapa district in Andhra Pradesh, from infringing the Apollo Hospitals Enterprise Ltd’s registered trade mark ‘Apollo’, ‘Apollo Pharmacy’, ‘Apollo Clinic’ and ‘Apollo Hospital’ either directly or by using any structurally, visually, phonetically or deceptively similar mark to Apollo Hospitals Enterprise Ltd’s trade mark.

Justice M. Sundar decreed the suit filed by Apollo Hospitals Enterprise Ltd and granted the injunction.

According to plaintiff, the Apollo Hospitals Enterprise Ltd is a public limited company and it has set up  multi-specialty hospitals in India.

It has also established medical pharmacy in the name and style of “Apollo Pharmacy”. Its medical service has been globally recognised across the world. It is providing various health care services such as hospitals, diagnostic clinics, and pharmacies in the name of “Apollo Hospital”, “Apollo Pharmacy” and “Apollo Clinics”.

Counsel for the plaintiff submitted that the plaintiff is a multi-specialty medical service provider and was having multi-specialty hospitals, training institutes/colleges, pharmacies, etc. During the course of business plaintiff came to know that Sri Sai Apollo Pharmacy was selling its goods using plaintiff’s trademark, illegally. It should not use the plaintiff’s trade mark either independently or in association with other words, such as “Sri Sai”, he added.

The judge said, “As far as the aforesaid rival marks are concerned, there is hardly anydifference. Both words are written in the same manner. However, to be noted, while the said trademarks are ‘Apollo’, ‘Apollo Pharmacy’ and ‘Apollo Hospitals’, the alleged offending mark is ‘Sri Sai Apollo Pharmacy’, wherein the words “Sri Sai” are written in relatively very small font/letters. What is most important is, the service is same i.e., pharmacy. More importantly, there is overlap in the channel of trade. On a careful analysis of the suit filed and submissions made before me, I have no hesitation in coming to the conclusion that this is a clear case of infringement. The plaintiff is entitled to a decree as prayed for qua infringement of the said trademark and using the name ‘Apollo’ and ‘Apollo Pharmacy’ by themselves or in combination with other characters of words in connection with any pharmaceutical services and passing off.”