Court rejects Cutis Biotech plea against Serum Institute claiming its trademark Covishield
Jan 30, 2021
Pune (Maharashtra) [India], January 30 : A civil court in Pune rejected the injunction application filed on behalf of CUTIS Biotech against Serum Institute of India (SII), claiming trademark "Covishield" of the Covid-19 vaccine, on Saturday.
According to SII's press release, earlier this month, Cutis-Biotech, a pharmaceutical products manufacturer and seller based in Maharashtra, filed a suit in the civil court seeking to restrain SII from using the trademark Covishield or any other similar names for its COVID-19 vaccine and claimed the pharma firm is a prior user of the brand name.
Following this, SII filed its response in the civil court saying both companies operate in different product categories and there is no scope for confusion over the trademark.
Commenting on the development, Hitesh Jain, Managing Partner, Parinam law Associates said, "Judge A V Rote has rejected the application which had sought a perpetual injunction against Serum Institute of India for purposes of restraining it from using the trademark 'COVISHIELD' or any other mark which is confusingly similar with the trademark COVISHIELD in respect of the goods which are same/similar/dissimilar with the goods of the plaintiff."
While rejecting the application the court also observed that the Cutis Biotech (the plaintiff) has not approached the court with clean hands and suppressed material facts.
Senior Advocate SK Jain appeared for SII along with Hitesh Jain, Pooja Tidke of Parinam Law Associates.
