 "Viagra trademark exclusive property of Pfizer, rules Delhi High Court")
The Delhi High Court has affirmed that the American pharmaceutical giant Pfizer exclusively owns the trademark 'Viagra', a medication widely used to treat erectile dysfunction.
In the legal battle, Pfizer Products Inc v Renovision Exports Private Limited and another, Justice Sanjeev Narula ruled that Pfizer has the rightful registration of the 'Viagra' trademark, thus barring other entities from using the same or similar marks.
Background of the case
The conflict began when Pfizer filed a lawsuit against Renovision, accusing the latter of selling products labelled as "Nervine Tonic for Men" and "Homeopathic Medicine Invented in Germany" under the 'VIGOURA' mark. Further investigations disclosed more variants of 'VIGOURA' products being marketed by Renovision, which led Pfizer to defend its trademark rights.
"Misrepresentation can take various forms, such as using similar trademarks, packaging, or marketing strategies that may confuse the public about the origin of the goods or services," argued Pfizer's legal team, as per the court documents.
Renovision maintained that its 'VIGOURA' products were distinct from Pfizer's 'VIAGRA', pointing out differences in composition, intended use, and mode of action.
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"The Defendants have not substantially contested the originality or distinctiveness of the 'Viagra' trademark. Their defence mainly sought to differentiate their mark 'VIGOURA' and the respective products associated with the competing trademarks," noted the court document.
Court's ruling
Justice Narula's verdict underscored Pfizer's considerable efforts to establish and maintain ownership of the 'Viagra' trademark.
Moreover, the court noted that the term 'Viagra' was uniquely created with no predefined meaning in the English language or standard dictionaries prior to its association with the medication. The court cited Pfizer's creation of the term, its consistent and lawful use of the mark, along with supporting evidence such as international registrations, regulatory approvals, and inclusion in the Oxford dictionary, all of which collectively confirm Pfizer's status as the rightful owner of the 'Viagra' trademark within Indian jurisdiction.
Ultimately, the Delhi High Court granted a permanent injunction against Renovision Exports Private Limited, preventing the company from marketing its homoeopathic medicine under the 'VIGOURA' mark. The court determined that the 'VIGOURA' mark was deceptively similar to 'Viagra', constituting trademark infringement and passing off.
Additionally, the court ordered Renovision to pay Pfizer Rs 3 lakh as nominal damages.