A suit was filed for permanent injunction restraining the violation and infringement of rights in the trademark/ trade dress/ packaging/layout of the plaintiff’s trademark being ‘ZINCITOTAL’, and for passing off, unfair competition, misrepresentation, dilution, damages/rendition of accounts, delivery up etc. The plaintiff is the registered proprietor in Class 5 of the trademark.

 

 

The Defendants named their product ‘ZINCITATOL’ by transposing the alphabet ‘A’ and ‘O’ and were dishonestly wanting to sell their products, as if they were originated from the Plaintiff.

 

 

The learned counsel for the plaintiff drew attention of the Court to the similarity of the products of the Plaintiff and the Defendants which were as following:

 

 

The Hon’ble Court observed that there was near similarity in the packaging of the products, particularly in the manner in which the name of the product of the Defendants were written and even though the bottle appeared dissimilar, the colour of the bottles was identical. It was also noted that the Defendants named their product ‘ZINCITATOL’.

 

 

The Hon’ble Court also observed that the medical products are subjected to higher standards where deceptive similarity is concerned, in view of the fact that consequences on the health of an individual are imminent. It would also result in damage to the reputation of the Plaintiff, in the event the product of the Defendants was not of adequate standards or produced different reactions.

 

 

Accordingly, the Defendants were restrained from selling their products under the name and style of ‘ZINCITATOL’ or any other identical or deceptively similar trademark as that of the Plaintiff’s trademark namely ‘ZINCITOTAL’ and using deceptively similar packaging to sell their products till the next date of hearing. The matter is now listed before the Joint Registrar on 11th April, 2022 for completion of service and pleadings.