Pfizer's “VIAGRA” Has Acquired National & Global Repute: Delhi HC Restrains Homeopathic Oil Manufacturer From Using "Vigoura" Mark

The Delhi High Court has issued a permanent injunction against a homeopathic oil manufacturer, prohibiting it from selling products under the mark "Vigoura."

The Court decided this while hearing a lawsuit filed by Pfizer Products Inc. seeking protection of their trademark rights in “Viagra,” a well-recognized erectile dysfunction allopathic drug, by seeking permanent injunction and other ancillary reliefs to prevent the Defendants from marketing their homeopathic medicine under a confusingly similar trademark, “Vigoura,” used allegedly for curing sexual disorders. The Lawsuit was filed against Renovision Exports Pvt. Ltd. and its manufacturer, alleging that they were selling products under the infringing mark "Vigoura."

The Bench of Justice Sanjeev Narula emphasized the widely recognized status of the "Viagra" trademark in the realm of erectile dysfunction drugs, both nationally and globally.

The Court noted that "Viagra" had acquired significant reputation and goodwill in the market. "The Plaintiff has valued their damages’ claim at Rs. 20 lakhs, however, no evidence has been led to prove the damages. PW-1, in her affidavit by way of evidence or cross-examination, has not deposed anything on damages except for stating that Defendants’ adoption was in bad faith with an effort to take unfair advantage of the Plaintiff’s goodwill and reputation," it said.

The Court's said, "The Defendants or anyone acting on their behalf are permanently restrained from manufacturing, selling, or offering for sale, marketing, advertising, or in any other manner using the mark “VIGOURA” or any mark deceptively similar to the Plaintiff’s trademark “VIAGRA” in relation to any of their goods as would amount to infringement or passing off of the Plaintiff’s registered mark “VIAGRA”."

Pfizer had sought damages of Rs. 20 lakhs in the trademark infringement suit. However, the Court awarded nominal damages of Rs. 3 lakhs to the pharmaceutical company.

The Court ordered, "Since the Defendants have been held to be guilty of infringement and passing off, the Court considers it appropriate to award nominal damages of Rs. 3,00,000/-. Additionally, the Plaintiff is also held entitled to actual litigation cost in terms of the Commercial Courts Act, 2015 and Delhi High Court (Original Side) Rules, 2018 read with Delhi High Court Intellectual Property Division Rules, 2022."

"The Plaintiff shall file their bill of costs in terms of Rule 5 of Chapter XXIII of the Delhi High Court (Original Side) Rules, 2018 on or before 30th May, 2024. As and when the same is filed, the matter be listed before the Taxing Officer for computation of costs," the Court further directed.

Accordingly, the Court disposed of the Suit.

Cause Title: Pfizer Products Inc. v. Renovision Exports Pvt. Ltd. and Anr.

Appearance:-

Plaintiff: Advocates Bharat S. Kumar, Sanidleya Meheshwari

Click here to read/download the Judgment