APOLLO ENTERPRISES LIMITED VS. DHEERAJ SAURABH

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APOLLO ENTERPRISES LIMITED VS. DHEERAJ SAURABH

CITATION	c.s (comm. Div.) No. 55 of 2023
DATE OF JUDGEMENT	20.11.2023
COURT	HIGH COURT OF JUDICATURE AT MADRAS
APPELLANT	Apollo enterprise limited
RESPONDENT	Dheeraj Saurabh
BENCH	Abdul Quddhose

INTRODUCTION

This case deals with the civil suit filed by Apollo Hospitals Enterprise for the declaration of his own mark “APOLLO ” as a well known mark under section 2(1)(zg) of trademark act 1999. The petitioner also asked for a permanent injunction against the use of various marks, inclusive of “apollo”, “apollo hospitals”, “apollo diagnostics” and “apollo clinic”. This analysis delve into the court’s consideration, issues addressed in the case and other subsequent judgement favoring Apollo Hospitals limited. Moreover, the analysis discusses the significance of well- known marks, the criteria for their determination and the legal protection under trademark act 1999. In this suit the petitioner Apollo hospitals is seeking its mark “APOLLO ” to be declared as a well known mark as per provisions of section 2(1)(zg).

Additionally, they also requested permanent injunction to restraint the defendant from using the plaintiffs mark and also to restraint from transferring off its registered trademark. In July 2022 court was informed that Apollo hospital enterprises discovered its mark being used by the defendant for the business of the hospital. Though cease and desist notice was being given to the defendant it still refused to discontinue the usage of the mark. Apollo mentioned that it holds proprietary rights over the trademark and it obtained its registration in the year 2008.

FACTS OF THE CASE

Apollo Hospitals Enterprises Ltd. found in July 2022 that the defendant was using a resembling mark for its hospital business, with disregard to intellectual property rights. Apollo filed a prohibition notice, requesting that the defendant stop using the infringed trademark, and quickly notified the court of the infringement. The defendant ignored the warning and did not discontinue using it despite the court orders.

In defence, Apollo stated the various services it offers and claimed ownership of the intellectual property connected to the “Apollo” name. Documents that showed the mark’s registration under various classes in 2008 and were submitted to the court presented as evidence for these rights. The court was convinced after scrutinizing the submitted materials that Apollo did, in fact, have ownership rights to the trademark Apollo and its variations, which backed Apollo’s position against the defendant’s unlawful use.

ISSUES RAISED

The issues which were arising out of this suit were as follows-:

1.To check whether the plaintiff has any proprietary rights over the trademarks “apollo”, “apollo hospital”, “apollo diagnostic”, and “apollo clinic”.

2. To determine whether the plaintiff marks falls within the ambit of section 2(1)(zg) of the trade marks act.

3. To check whether the plaintiff is entitled for any damages of infringed goods by the defendant and the scrutinized accounts provided by the defendants as given in the prayer of the plaintiff.

4. To determine whether the use of the word “NEW APOLLO HOSPITALS” amount to any kind of infringement by the defendant.

5. Is the plaintiff entitled to any damages?

ARGUMENTS ON BEHALF ON BEHALF OF PETITIONERS/APPEALENT-:

The petitioner argued that his mark was used by the defendant for hospital business. Apollo hospital enterprises discovered its mark being used by the defendant for the business of the hospital. Which is infringement of mark under provisions of trademark act 1999. The petitioner also asked for a permanent injunction against the use of various marks, inclusive of “apollo”, “apollo hospitals”, “apollo diagnostics” and “apollo clinic”. Apollo stated the various services it offers and claimed ownership of the intellectual property connected to the “Apollo” name. Documents that showed the mark’s registration under various classes in 2008 and were submitted to the court presented as evidence for these rights.

ARGUMENTS ON BEHALF OF DEFENDANT-:

Despite the service of a suit of summons to the defendant, they have chosen not to defend the suit. Earlier defendants did appear with the counsel and had given undertaking through counsel that they had stopped using the trademark “new apollo hospital”. Since no one appeared on behalf of defendant thereafter the defendant was set exparte by this court on 11/08/2023.

JUDGEMENT-:

1.The Madras high court granted relief to Apollo hospitals limited situated as Chennai for the use of “NEW APOLLO HOSPITAL” by one of the doctor from Bihar.

2.Moreover, the court also recognised “apollo” as a well known trademark in the ambit of pharmaceuticals and health care.

3.The bench also said that the name “apollo” is to be seen as synonymous to the plaintiffs and that the plaintiff hence becomes entitled to the biggest level of protection as the name is commonly associated with the plaintiffs “apollo” at least in the health and pharmaceutical industry.

4.To deal with the suit that was filed by apollo hospitals enterprises limited, Chennai for wanting permanent injunction against the defendant Dr Dheeraj Saurabh who is the proprietor of NEW APOLLO HOSPITAL, Motihari Bihar and here the court affirmed Apollos proprietary rights over the marks being “apollo”, “apollo hospitals”, “apollo clinic”, and “apollo diagnostics” and any other variations.

5.The issue of the trademark whether it falls into definition of WELL-KNOWN MARK of trademarks act, the court stated that apollo satisfied all the criteria’s necessary for the recognition as a well- know trademark.

6. The court mentioned 10 factors to validate whether it falls into ambit of well-known trademark or not inclusive of extent of use duration, public knowledge, methods of advertising, history of its enforcement and its geographical extent.

ANALYSIS-:

The Indian trademark act provides us with various degrees that can be considered when one is determining whether the trademark is well-known or not.

To check the relevant section of the act which applies in India.
The duration, extent, and geographical extent of any use of the mark overall or throughout.
The duration, extent, and geographical extent of any kind of promotion of mark in any particular country.
The extent to which the mark has been registered in the nation or in countries across the globe.

CONCLUSION-:

Well-known marks are considered as an essential element for the business in order to protect the name of brand, identity and as well as goodwill. The process of registration of any famous trademark grants them legal protection against infringement and gives them opportunities for expansion and of any concerned brand.

Infringements and passing off trademarks are counted as serious offences in India and it can lead into legal action against the person who did the infringement. If the trademark is registered then it can ensure you the longevity in the market. Popular trademarks are at higher risk so therefore they need higher protection than any other marks. This aspect of India’s trademark law, is formulated with the objective to promote fair and healthy competition.

REFERENCES-:

Written by Janhavi kesale an intern under legal vidhiya.

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