Granting relief to Apollo Hospitals Enterprises Ltd, Chennai, in a trademark infringement suit against the use of “New Appolo Hospital” by a doctor in Bihar, the Madras High Court recently recognised the trademark “Apollo” as a well-known mark in the healthcare and pharmaceutical industry.
The bench of Justice Abdul Quddhose also acknowledged the entitlement of the Apollo group to the highest level of protection for its trademark.
The high court said, “The name ‘Appolo’ is perceived to be synonymous to the plaintiff and the plaintiff is therefore entitled to the highest level of protection as the public at large associate the name ‘Apollo’ only with the plaintiff insofar as health and pharmaceutical segments are concerned.”
While dealing with the plea filed by Apollo Hospitals Enterprises Ltd, Chennai (plaintiff), seeking a permanent injunction against defendant Dr Dheeraj Saurabh, proprietor of New Appolo Hospital, Motihari, Bihar, from diluting the distinctive character of the plaintiff’s trademarks, the court affirmed Apollo’s proprietary rights over the trademarks ‘Apollo’, ‘Apollo Hospitals’, ‘Apollo Clinic’, ‘Apollo Diagnostic’, and its variants.
Regarding the issue as to whether the trademark ‘Apollo’ falls within the definition of a ‘well-known mark’ within the meaning of section 2(1)(zg) of the Trade Marks Act, the court observed that Apollo satisfied all criteria for recognition as a well-known mark.
The HC outlined ten factors to adjudicate whether a trademark qualifies as a well-known mark, including the extent of public knowledge, duration of use, advertising methods, geographical extent, and enforcement history, and held that since Apollo fulfilled all these, it is a well-known mark, deserving the highest level of protection.
Through the present petition, the court was informed that in July 2022, Apollo Hospitals Enterprises Ltd discovered the defendant’s unauthorised use of a deceptively similar mark for its hospital business. Despite a cease-and-desist notice, the defendant refused to halt the use of the offending trademark. Apollo argued that it holds proprietary rights over the trademark “Apollo” and its variants, having obtained registration in 2008.
Ruling in favour of Apollo, the court noted that the defendant’s use of a similar mark with a dishonest intention for undue profits constituted both trademark infringement and passing off.
Consequently, the court permanently enjoined the defendant from using Apollo’s registered trademark, citing the potential confusion it could cause in the minds of the public, who may mistake the defendant’s hospital for one run by the plaintiff.
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