Delhi High Court Rules In Favour Of Pfizer In 'Viagra' Drug Suit, Permanently Restrains Oil Manufacturer From Using 'Vigoura' Mark

The Delhi High Court has permanently restrained a homeopathic oil manufacturer from selling its products under the mark “Vigoura” after pharmaceutical company Pfizer accused it of infringing its registered trademark “Viagra” used for an erectile dysfunction allopathic drug.

Justice Sanjeev Narula observed that the trademark “Viagra” is highly recognized by its name in the sphere of erectile dysfunction drugs and has also acquired national and global repute.

“The Defendants or anyone acting on their behalf are permanently restrained from manufacturing, selling, or offering for sale, marketing, advertising, or in any other manner using the mark “VIGOURA” or any mark deceptively similar to the Plaintiff's trademark “VIAGRA” in relation to any of their goods as would amount to infringement or passing off of the Plaintiff's registered mark “VIAGRA”,” the court said.

Although Pfizer claimed Rs. 20 lakhs damages in the trademark infringement suit, the court awarded the pharmaceutical company nominal damages of Rs. 3 lakhs.

Pfizer filed the suit against Renovision Exports Pvt. Ltd. and its manufacturer. It was alleged that the defendants were selling products namely “Nervine Tonic for Men” and “Homeopathic Medicine Invented in Germany” under the infringing mark “Vigoura”.

The suit alleged that the Defendants were manufacturing homeopathic medicines, which included the drugs “VIGOURA 1000”, “VIGOURA 2000”, and “VIGOURA 5000”.

Ruling in favour of Pfizer, the court said that mere addition of numerals “1000”, “2000” and “5000” after embodying almost whole of “Viagra” mark did not render the Defendants' mark distinguishable.

“The combination of these factors could confound the consumers or lead them erroneously to associate “VIGOURA” with “VIAGRA”, thereby blurring the distinctiveness of the latter's brand identity and infringing upon its established market presence,” the court said.

It held that defendants' trademark “VIGOURA” to be deceptively similar to Pfizer's trademark “VIAGRA”, observing that there is a strong potential of confusion amongst the general public.

The court further noted that there is an extensive advertisement and promotional material of “VIAGRA” in numerous publications, medical books, journals and magazines.

“Publications dedicated to health and pharmaceuticals, accessible to Indian consumers, played a crucial role. These magazines and articles, by focusing on a niche audience with a specific interest in healthcare, and also to general public, effectively introduced and built a transborder reputation for “VIAGRA”,” the court said.

It added: “Thus, this Court would be justified in taking judicial notice of such events to attribute knowledge to the public, acknowledging the widespread recognition that “VIAGRA” attained through these publications.”

Counsel for Plaintiff: Mr. Bharat S. Kumar and Mr. Sanidleya Meheshwari, Advocates

Title: PFIZER PRODUCTS INC. v. RENOVISION EXPORTS PVT. LTD. AND ANR.

Citation: 2024 LiveLaw (Del) 529

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