Bombay High Court Grants Injunction Against 'Mefial-Spas' For Infringing Blue Cross's 'Meftal-Spas' Mark

The Bombay High Court has permanently restrained Alto Healthcare Private Limited and its manufacturer from using the mark "MEFIAL-SPAS" and associated packaging.

The court found that the mark was deceptively similar to Blue Cross Laboratories' registered trademarks and artistic work used for its "MEFTAL-SPAS" product.

Justice Arif S. Doctor delivered the judgment on June 17. The Court also directed each defendant to pay costs of ₹5 lakh to Blue Cross Laboratories within eight weeks. If the amount is not paid within that period, it will carry interest at 8% per annum.

"Comparison of the rival products makes it plain that the impugned mark and the artistic work are deceptively similar to the Plaintiff's trade marks and artistic work," the Court observed.

Blue Cross Laboratories had filed the suit alleging infringement of its registered trademarks "MEFTAL" and "MEFTAL-SPAS". It also alleged infringement of its copyright in the artistic work appearing on its "MEFTAL-SPAS" strip. The suit additionally included a claim for passing off.

The company stated that it had adopted and used the mark "MEFTAL" since 1981. It had adopted and used "MEFTAL-SPAS" since 1982. It also relied on a copyright registration obtained in 2007 for the artistic work depicted on the strip.

According to Blue Cross Laboratories, it discovered in October 2015 that an analgesic and antispasmodic preparation bearing the mark "MEFIAL-SPAS" was being marketed from Gorakhpur, Uttar Pradesh. The product was marketed by Alto Healthcare Private Limited. It was manufactured by the second defendant.

The company contended that the defendants had copied almost the entire mark. According to it, only the letter "T" in "MEFTAL-SPAS" had been replaced with the letter "I". It also alleged that the defendants had copied the blue and red colour scheme. The geometric border design and overall packaging were also allegedly copied.

"It is clearly evident that the Defendants have simply copied the whole of the Plaintiff's trade mark 'MEFTAL-SPAS' except for one letter, 'T', with the letter 'I' to form the impugned mark 'MEFIAL-SPAS'," the Court held.

After comparing the rival products, the Court found visual similarities between the marks and packaging. It also found a phonetic resemblance between "MEFTAL-SPAS" and "MEFIAL-SPAS". The Court noted that the defendants had copied the packaging, trade dress and colour scheme used by Blue Cross Laboratories.

"I am also of the view that besides the stark visual similarity between the Plaintiff's and the Defendants' impugned products, there evidently exists a phonetic resemblance between the Plaintiff's trade marks viz., 'MEFTAL' and 'MEFTAL-SPAS', and the impugned mark 'MEFIAL-SPAS', which is likely to cause confusion and deception amongst the unwary members of the trade and public," the court observed.

The court noted that Blue Cross Laboratories had established its trademark registrations and copyright registration. It also found that the company had proved prior use of the marks. The evidence also showed goodwill in the marks and artistic work.

The court concluded that Blue Cross Laboratories had established a case for infringement and passing off. It held that the company was entitled to the reliefs sought in the suit.

Blue Cross Laboratories had also sought damages of ₹1 lakh. The court declined that relief. It held that no evidence had been led in support of the claim.

While awarding costs, the court noted that the defendants had failed to contest the proceedings despite being served.