What constitutes trademark infringement?

Using a trademark that is confusingly similar to another established brand can be considered infringement.

What are the consequences of trademark infringement?

Potential penalties include injunctions against using the infringing trademark, monetary damages, and potential brand damage.

How can I protect my trademark?

Registering your trademark with the appropriate authorities provides legal protection against infringement.

Delhi High Court grants Injunction in ‘Biochem’ Trademark dispute

They also argued that Zydus lacked exclusive rights to the generic term "Biochem" itself, citing its presence in over 100 other company names.

The Health Master

November 15, 2024

Picture: Pixabay

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Last Updated on November 16, 2024 by The Health Master

Biochem

Zydus Healthcare Ltd. has successfully defended its trademark “Biochem” against a UP-based company, Alder Biochem, in a recent Delhi High Court ruling.

This article delves into the details of the case, highlighting the importance of brand protection and the legal considerations surrounding trademark infringement.

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Zydus Establishes Longstanding Use of “Biochem”

The case centered around Zydus‘ claim of prior use and ownership of the trademark “Biochem” for over 60 years.

The company argued that its wholly-owned subsidiary has utilized the brand for more than 500 pharmaceutical products, establishing significant brand recognition and goodwill.

Zydus further emphasized that they inherited the “Biochem” trademark through the amalgamation of Biochem Pharmaceutical Industries (established in 1959) with Zydus Healthcare in 2004.

This move solidified Zydus’ ownership of all intellectual property associated with Biochem Pharmaceutical Industries, including the trademark.

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Alder Biochem Argues Against Exclusivity

Alder Biochem countered by claiming they incorporated in 2016 and have used “Alder” as their primary brand, with “Biochem” simply signifying their involvement in pharmaceuticals.

They also argued that Zydus lacked exclusive rights to the generic term “Biochem” itself, citing its presence in over 100 other company names.

Delhi High Court Rules in Favor of Zydus: “Slavish Imitation” Cited

Despite Alder Biochem’s arguments, the Delhi High court ultimately sided with Zydus.

Justice Mini Pushkarna observed that Alder Biochem’s use of “Alder Biochem” constituted a “slavish imitation” of Zydus’ established trademark.

The Delhi High Court highlighted the following points in reaching its decision:

Prior Use: Zydus demonstrably held prior ownership and consistent use of “Biochem” for a much longer period.
Deceptive Similarity: Adding the prefix “Alder” wasn’t enough to differentiate the marks, as “Biochem” remained the dominant element. This similarity could lead to consumer confusion.
Dominant Part Protection: Trademark law grants protection to the essential components of a brand, regardless of additional elements. In this case, “Biochem” was deemed the dominant part infringed upon by Alder Biochem.

The Delhi High Court deemed Alder Biochem’s claim of “Biochem” being generic as irrelevant at this stage, requiring further evidence to be presented during a full trial.

Additionally, the vast disparity in sales figures between Zydus and Alder Biochem further supported the Delhi High Court’s decision.

Key Takeaways

This case highlights several important takeaways for businesses:

Early Trademark Registration: Securing your trademark early strengthens your legal position in case of infringement.
Brand Monitoring: Regularly monitor for potential trademark infringements to protect your brand identity.
Consulting Legal Counsel: Seek legal advice if you encounter trademark-related disputes.

By understanding the importance of trademark protection and the potential consequences of infringement, businesses can safeguard their brand identity and maintain a competitive edge.

Also read following FAQs

What constitutes trademark infringement?

Using a trademark that is confusingly similar to another established brand can be considered infringement.
What are the consequences of trademark infringement?

Potential penalties include injunctions against using the infringing trademark, monetary damages, and potential brand damage.
How can I protect my trademark?

Registering your trademark with the appropriate authorities provides legal protection against infringement.

Disclaimer: This article contains information derived from the source mentioned below. Our team utilized an AI language model to rewrite and present the news or article in a unique format.