The Madras High Court has directed an Andhra Pradesh-based pharmacy to desist from using the trademark words 'Apollo' in any manner.
While allowing the civil suit filed by Apollo hospitals here, Justice M Sundar also refused to grant Rs 25 lakh damages claimed by the plaintiff for the trademark infringement by Sri Sai Apollo pharmacy in the neighbouring state.
"For the present, no evidence has been let in to show quantification of damages of Rs 25 lakh and therefore, that limb of the prayer is not acceded to," the judge observed.
However, the judge clarified that Apollo hospitals was at liberty to move a separate application for damages based on the present order.
When the plea came up recently, Apollo hospitals claimed that they have valid rights over 12 different trademarks in seven different classes with the mark 'Apollo.'
It further submitted that the defendant should not use the trademark either independently or in association with other words, such as 'Sri Sai.'
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