On Saturday a commercial court in Pune refused to pass interim injunction to restrain the Serum Institute of India (SII) from using the trademark “COVISHEILD” for its vaccine for the Coronavirus induced pandemic.
The suit was filed by a Nanded based pharmaceutical company “Cutis Biotech” who claimed to be the “lawful and prior user” of the trademark “COVI SHEILD”.
It was stated that if SII is refrained from using the trademark “COVISHEILD” it would lead to hardships for the people to identify the much-awaited COVID-19 vaccine.
The court also informed that the plaintiff could not prove the triple tests of passing off a trademark i.e. goodwill of the plaintiff, damages to the plaintiff and misinterpretation by the defendant.
The court added “...plaintiff could not point out that, the balance of convenience lies in its favour nor plaintiff could point out that, it is going to suffer irreparable loss. The prima facie approach of the plaintiff to this court with clean hands is seen to be doubtful. Therefore, in all, I am of the view that the plaintiff is not entitled for the interim injunction.”