Orders reserved on plea seeking to quash stay against Coronil
The Madras High Court on Tuesday reserved orders on a plea by Patanjali Ayurved to vacate an ex-parte interim injunction restraining it from using the term Coronil to market its ‘immunity booster’ tablets for COVID-19.
By : migrator
Update: 2020-07-29 00:10 GMT
Chennai
Justice CV Karthikeyan, before whom lengthy arguments prevailed, held that the injunction would continue till he delivered orders. Arudra Engineers Private Limited from Tiruvanmiyur had filed a civil suit for alleged trademark infringement, claiming that it had been manufacturing chemicals named Coronil -213 SPL and Coronil-92B used to clean industrial machinery since 1993.
Appearing for the Chennai-based company that obtained the injunction, senior counsel PR Raman had contended that there was no conspiracy attached to the plea and it was a sheer case of trademark violation.
Citing various press reports of yoga guru Baba Ramdev claiming that Coronil tablets were a cure for COVID-19, the counsel said it had caused irreparable damage to the reputation of the company’s trademark, and added that its reputation should not be gauged with Patanjali and instead should be based on Coronil tablets that infringed its trademark. Appearing for Patanjali Ayurved, senior counsel Satish Parasaran stated that its market, class of customers and mode of purchase of goods were different from the plaintiff company adding that it was a common practice in the pharmaceutical industry to name a drug after an ailment.
He also contended that it was a very successful consumer goods company whose revenues had risen from Rs 100 crore in 2010-11 to Rs 9,500 crore in 2018-19. Hence the reputation of the plaintiff company could not have been diluted by Patanjali.
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