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Court Halts 'Udaan' Use by Sainus Pharma
23 Aug
Summary
- A Delhi court permanently stopped Sainus Pharmaceutical from using 'Udaan' trademark.
- RSPL Health, owner of 'Udan' mark, filed the trademark infringement case.
- The court found Sainus Pharma's mark identical and deceptively similar to RSPL's.
A Delhi court has issued a permanent injunction against Sainus Pharmaceutical Private Limited, barring them from using the 'Udaan' trademark. The ruling was made in favor of RSPL Health Private Limited, a company known for its 'Ghari' detergent brand, which had previously registered its 'Udan' mark.
District Judge Pankaj Sharma ruled on August 13 that Sainus Pharmaceutical's 'Udaan' mark was identical and deceptively similar to RSPL's registered trademark 'Udan.' RSPL Health asserted that they had been using the 'Udan' mark for sanitary napkins since 2007, and Sainus's adoption of 'Udaan' infringed their rights.
Given that Sainus Pharmaceutical did not appear in court, their contentions remained unchallenged. The court found that RSPL Health successfully demonstrated trademark infringement and passing off. Consequently, Sainus Pharma is permanently restrained from using 'Udaan' or any similar mark. The court also ordered the destruction of all seized infringing materials.
