Pune Court Refuses To Stop Serum Institute Of India From Using 'COVISHIELD' Name For COVID-19 Vaccine

On the contrary,if the interim injunction is not granted, the products of plaintiff still can be in the market and it can sell the product under its name as the purposes of products of plaintiff are totally different. Those are disinfectants for hand, surface and vegetable washing liquid and other purposes mentioned in their application. Comparatively,defendant and its customer would suffer great hardship than the plaintiff, if the injunction is granted. Therefore, this point lies in favour of the defendant", the order said.

The Court further held that the plaintiff could not point out that, due to the use of the trade mark 'Covishield' by defendant, it is going to suffer "irreparable loss".

"The losses alleged by plaintiff can be quantified, if proved during trial. Therefore, loss cannot be said to be an irreparable loss and that too prima facie at the hands of defendant.Therefore, this point also goes against the plaintiff", the order passed by AV Rotte, District Judge-2, Pune(designated as Commercial Court, Pune) stated.

The Court also made a prima facie observation that Cutis Biotech did not approach the Court with "clean hands" as it had suppressed the subsequent application dated 12/12/2020 filed by the plaintiff for registration of the trade mark 'Covishield' for vaccine and other purposes,

"...plaintiff could not point out that, 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, plaintiff is not entitled for the interim injunction", the court said.

The plaint alleges that the SII made application for the tradenames "COVI SHIELD" and "COVID SHIELD" only in June. The plaintiff claims that it had filed an application for registration of "COVI SHIELD" trademark in its name on April 29, 2020.