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“Delhi High Court restrains Rebanta Healthcare from using Dr.Reddy’s trademark “REBAHEAL”

Author: Adv. Kavita Srivastav Sharan
Adv.Mittal B.Nor

The Hon’ble Delhi High Court has granted ad-interim relief in favor of Dr. Reddy’s Laboratories Limited, restraining Rebanta Healthcare Pvt. Ltd. from infringing and passing off its well-known registered trademark “REBAHEAL.” The trademark is used for medicines treating peptic ulcers and mouth ulcers.

Dr. Reddy’s Laboratories Limited is the registered proprietor of the trademark “REBAHEAL” in class 3, bearing No. 5795277. They launched their product under the mark “REBAHEAL” in the market on June 26, 2023, for treating peptic ulcers and mouth ulcers.

The Plaintiff contends that upon searching “REBAHEAL” on Google, only their product appears in the search results. They argue that their mark enjoys significant goodwill and reputation in India and abroad among relevant customers such as doctors and healthcare professionals. This reputation is due to extensive use, widespread availability, prescription, and promotion.

In the last week of June 2024, the Plaintiff’s representative discovered products of the Defendant bearing the infringing mark “REBAHEAL,” used for treating pain, regulating menstruation, and repairing bone fractures. The Plaintiff asserts that the Defendant’s actions, aimed at creating deception, have blatantly copied the Plaintiff’s mark “REBAHEAL,” causing potential loss and damage to the Plaintiff’s reputation and business and diluting the distinctiveness of its mark.

Court’s Decision

The Court held that the rival marks are visually and phonetically identical, likely to deceive the general public, doctors, and chemists, thereby posing serious health risks. The Court noted that although the medicines are used for different ailments, confusion could lead to severe health implications if the wrong medicine is consumed by patients.

The Hon’ble Court also found that a prima facie case for granting interim relief is established by the Plaintiff. Therefore, the Court has restrained the Defendants from selling any pharmaceutical preparations under the disputed mark “REBAHEAL” or any other mark deceptively similar to the Plaintiff’s mark “REBAHEAL.”

Click here to view the Order

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