CHENNAI: The Madras High Court has restrained Sri Sai Apollo Pharmacy in Kadapa district in Andhra Pradesh from using the ‘Apollo’ trademark . In all the perspectives of the matter, the plaintiff (Apollo Hospitals Enterprise Limited at Raja Annamalai Puram/Apollo Hospitals), is entitled to a decree as prayed for, Justice M Sundar said recently.
The judge also directed the defendant firm to surrender all material and media, whether for invoicing, advertising or any other purpose which contain the plaintiff’s registered trademark. He, however, rejected the plea from the plaintiff hospitals to order `25 lakh towards damages.
Justice Sundar was passing final orders on a civil suit from Apollo Hospitals on March 1 last. The suit prayed for a permanent injunction restraining the defendant (Sri Sai Apollo Pharmacy), its men and agents acting on its behalf from infringing in any manner the plaintiff’s (Apollo Hospitals) registered trademark ‘Apollo’, ‘Apollo Pharmacy’, ‘Apollo Clinic’ and ‘Apollo Hospitals’ either directly or by using any structurally, visually, phonetically or deceptively similar mark to the plaintiff’s trademarks.
The judge said the plaintiff is entitled to a directive for surrendering of materials pertaining to offending trademarks as well as a directive for rendition of accounts. “Considering the trajectory of the suit and considering the fact that the plaintiff company has been constrained to file this suit, I have no hesitation in holding that the plaintiff is entitled to costs of the suit,” the judge added.