Apollo Hospitals Enterprises Ltd v Dr Dheeraj Saurabh [C.S.(Comm.Div) No.55 of 2023]

INTRODUCTION

• In this suit filed by the petitioner Apollo Hospitals Enterprise, it was seen that the petitioner seeked for its mark “ APOLLO” to be declared as a well known mark as per the provisions of Section 2(1)zg) which is read along with Section 11 of the Trademark Act 1999.

• Further it also requested for granting of a permanent  injunction to restrain the Defendant from using the plaintiffs mark “Apollo”; “Apollo Hospitals”; “Apollo Diagnostics” as well as “Apollo Clinic” and its different variant known as “New Apollo Hospital” to be used in any manner be it an identical or deceptively similar mark whatsoever.

• The plaintiff further requested a grant for permanent injunction  to restrain the Defendant from passing off its registered trade mark.

• Through the petition, the court was also  informed that in July 2022, Apollo Hospitals Enterprises Ltd discovered the unauthorised use of a deceptively similar mark by the Defendant for its hospital business. Despite a cease and desist notice being presented to the defendant it still refused to halt the use of the offending mark. Apollo mentioned that it holds proprietary rights over the trademark "Apollo" and its variants as it obtained its  registration in the year 2008.

ISSUES OF THE CASE

The  issues that were arising out  for consideration in this suit are as follows:-

•  That,Whether the plaintiff has any  proprietary  right over the trademarks 'Apollo', 'Apollo Hospital', 'Apollo Diagnostic' and 'Apollo Clinic' and any of  its variants.
•  That,Whether the plaintiff's mark falls within the scope of Well Known mark within the meaning mentioned in   Section 2(1)(zg) of the Trade Marks Act.
•  Is  the plaintiff entitled for any  damages and surrender of infringed goods  by the defendant and any  rendition of accounts by the defendant as sought for in prayer of the plaintiff.
•  Will the use of the word “New Apollo Hospitals” by the defendant  amount to any kind of infringement by the Defendant.
• Are there any  other reliefs that  the plaintiff is entitled to in this matter.

JUDGEMENT BRIEF

• The Madras High Court pronounced its judgement on this case granting relief to Apollo Hospitals Limited , Chennai for the use of “New Apollo Hospital” by one of the Doctors  in Bihar .

• Further Court also recognized the mark “Apollo” to be a well known trademark in the domain of pharmaceuticals and health care.

• The bench said that the name 'Apollo' is to be  perceived  synonymous to the plaintiff and that the plaintiff therefore becomes  entitled to the highest level of protection as the common masses associate the name 'Apollo' only with the plaintiff as far as the health and pharmaceutical industry is concerned .

• Upon  dealing with the plea that was filed by Apollo Hospitals Enterprises Ltd, Chennai for seeking permanent injunction against the defendant Dr.Dheeraj Saurabh who is the Proprietor of New Apollo Hospital, Motihari, Bihar, from indulging in  diluting the distinctive character of the plaintiff’s trademarks. Here,the court affirmed Apollo's proprietary rights over the marks being  'Apollo', 'Apollo Hospitals', 'Apollo Clinic', and 'Apollo Diagnostic' and any of its variants.

• On contemplating the issue regarding the trademark and whether or not it  falls within the definition of a 'Well-Known mark' within the scope of Section 2(1)(zg) of the Trade Marks Act, the  court observed that “ Apollo” satisfied all criterias necessary for its  recognition as a well-known mark.

•  The Court highlighted 10 factors to adjudicate the question of  whether a trademark qualifies as a well-known mark or not which  including the extent of use duration, public knowledge , methods of advertising, history of its enforcement and its geographical extent and then held that since Apollo has fulfilled all the above criterias  it qualifies to be a well-known mark and deserving the highest level of protection possible.

MEANING AND IMPORTANCE OF WELL- KNOWN MARKS

A well known Trade Mark is a mark that tends to  become famous  or popular  in a particular industry or among the consumers of the  goods and service due to its extensive and exhaustive  use along with its promotion. These marks are the ones that  have gained a reputation due to  their quality and unique features, and their owners have an  exclusive right upon the usage of such marks.

Well known marks are granted protection under Section 11(6) of the Trade Marks Act, 1999, which exclusively  states that a mark is considered to be  well-known if it is known to a substantial segment of  public that uses the goods or services for which it has been registered.

CRITERIA FOR DETERMINATION OF WELL- KNOWN MARKS

The Indian Trademarks Act provides us with  several degrees that can be considered when one is  determining whether a trademark is well-known or not.

1. The degree of knowledge or recognition of the mark in the relevant section of the public concerned in India.
2. The duration, extent, and geographical extent of any use of the mark in the subcontinent.
3. The duration, extent, and geographical extent of any kind of  promotion of the mark in the country.
4. The degree of inherent as well as the  acquired distinctiveness of the mark in general.
5. The extent to which the mark has been registered in the nation or in other countries as well .

CONCLUSION

Well-known marks are considered to be an essential tool for businesses in order  to protect their brand name, identity as well as reputation.  The process of registration of a popular trademark helps  provide legal protection against infringement and creates opportunities for expansion and licensing of the brand concerned.

 Infringement and passing off  of a Trade Mark are considered to be  serious offences in India and can also  result in legal action against the person infringing the rights of the party. By registering a protection of a popular trademark, businesses can ensure their brand’s reputation and longevity in the market.

Popular trademarks are  provided with  a higher degree of protection than the   ordinary trademarks present  and are protected against the use of  any identical or similar marks for the  goods and  services that are not at all similar to those for which the trademark is registered in the first place. The protection of such  popular trademarks becomes  an important aspect of India’s trademark law, as it in a way  helps to promote fair competition along with protecting the rights of trademark owners.