Bombay High Court Grants Interim Relief To Novartis AG In Trademark Dispute Against Novarish Healthcare

Bombay High Court Grants Interim Relief To Novartis AG In Trademark Dispute Against Novarish Healthcare

The Bombay High Court has granted significant relief to Novartis AG & Anr. in their ongoing dispute against Novarish Healthcare Private Limited. The court found a prima facie case of trademark infringement and passed off, ordering temporary injunctions against Novarish Healthcare's use of the mark 'NOVARISH' in relation to medicinal and pharmaceutical products.

Novartis AG, a prominent global pharmaceutical and healthcare group, along with its Indian subsidiary, Plaintiff No. 2, Novartis Healthcare Private Limited, filed a suit alleging that Novarish Healthcare was infringing on their trademark 'NOVARTIS'. The plaintiffs asserted that they have been using the mark internationally since 1996 and in India through their subsidiary since 1997. They provided evidence of extensive use and registration of the mark across various classes and jurisdictions.

The plaintiffs contended that Novarish Healthcare's use of the mark 'NOVARISH' was phonetically, structurally, and visually similar to 'NOVARTIS'. They argued that this similarity was likely to cause confusion among consumers, thereby infringing on their trademark rights and constituting passing off. Despite communications from the plaintiffs demanding cessation of the use of 'NOVARISH', Novarish Healthcare allegedly continued to use the mark.

After considering the submissions and evidence presented, the court held that Novartis AG had established a strong prima facie case. It noted the similarity between the marks and the potential for consumer confusion.

The court also took into account Novarish Healthcare's communications, indicating its awareness of the dispute but failure to adequately respond or cease use of the mark.

Consequently, the court granted ad-interim relief to Novartis AG, restraining Novarish Healthcare from manufacturing, selling, or advertising medicinal and pharmaceutical products under the 'NOVARISH' mark.