HC restrains Andhra based pharmacy from using trademark of Apollo hospitals

Chennai: The Madras High Court has directed an Andhra Pradesh-based pharmacy to desist from using the trademark words 'Apollo' in any manner.

While allowing the civil suit filed by Apollo hospitals here, Justice M Sundar also refused to grant Rs 25 lakh damages claimed by the plaintiff for the trademark infringement by Sri Sai Apollo pharmacy in the neighbouring state.

"For the present, no evidence has been let in to show quantification of damages of Rs 25 lakh and therefore, that limb of the prayer is not acceded to," the judge observed.

However, the judge clarified that Apollo hospitals was at liberty to move a separate application for damages based on the present order.

When the plea came up recently, Apollo hospitals claimed that they have valid rights over 12 different trademarks in seven different classes with the mark 'Apollo.'

It came to know that Sri Sai Apollo Pharmacy was selling its goods by using Apollo's trademark illegally, it alleged.

It further submitted that the defendant should not use the trademark either independently or in association with other words, such as 'Sri Sai.'

The considerable amount of money has been spent and enormous effort and time put in to develop the unique design for their products under the said trademarks, the Apollo hospitals contended and added that the defendant cannot be allowed to infringe their right.

Relying on the material evidence produced by the plaintiff, the court allowed the suit and restrained Sri Sai Pharmacy from using the trademark.