Emami rapped as trademark copycat

Patent body raps use of Memoplus as deliberate infringing of Chirayu's brand

The Intellectual Property Appellate Board (IPAB) has issued an order to remove the trademark of Emami Ltd's memory booster product, Memoplus. The order upheld a petition from Gwalior-based Chirayu Pharmaceuticals, which said it had registered the Memoplus trademark before Emami did.

IPAB vice-chairman S Usha and technical member V Ravi, said, "We agree with this plea and the subsequent adoption and use of an identical mark along with their (Emami's) house mark, Himani, constitutes an act of infringement, as the impugned mark in its essence is a plain copy of the applicant's (Chirayu's) mark."

Chirayu alleged registration of the trademark under question was done fraudulently, on the basis of forged and fabricated documents. It claimed itself to be the prior adopter and exclusive user of the Memoplus mark in respect of the ayurvedic medicine since January 1991, much prior to the registration under dispute filed on January 1994.

However, Emami argued it had been using the said trademark for several years continuously in respect of memory syrups. They also argued the trademarks were different. Further, Memoplus was generic in nature and no exclusive right on it could be claimed by anyone. It has also filed details of its sales.

IPAB said Emami's claim of prior use since September 1992 had no supporting documents. its order said it was evident that Emami's trademark, Himani Memoplus, was a copycat mark, the only intention being to grab the potentially memorable trademark. The fact that it was used with their established brand, Himani, made no difference.

"The cardinal sin in trademark jurisprudence is in pinching someone else's intellectual property. It shows the respondent's conduct in poor light," said the order.