HMD warns DRDO to stop using deceptively similar mark Dipcovan

HMD warns DRDO to stop using deceptively similar mark Dipcovan

Dispovan has warned that the government-run Defence Research and Development Organization against using the deceptively similar brand name for its antibody testing kits.

Dispovan is owned by Hindustan Syringes and Medical Device (HMD). HMD is India's largest syringe maker. HMD notified the same through the letter to the DRDO chairman for discontinuing the manufacture and withdraw goods sold under the brand name 'Dipcovan.' Dipcovan has been launched by DRDO in collaboration with Vanguard Diagnostic.

Chitta Ranjan Biswal, company secretary, Hindustan Syringes and Medical Devices said, "It has come to our notice that you have developed COVID-19 antibody detection kit and are doing business using the trademark — 'Dipcovan' — which is deceptively similar to our popular brand name Dispovan. This is a violation of the law of land and prejudice to our lawful rights. As per law, any similar-sounding business name/brand name of a medical device is treated as spurious drugs and a serious offence under the Drugs and Cosmetics Act"

Marking the letter, HMD warns DRDO to immediately "comply" with the advisory, otherwise, HMD will treat their actions as a 'willful infringement' and pursue against the organization with "all available legal remedies." Also, they need DRDO to give it in writing that they will "never henceforth market, use and advertise or exhibit for sale and sell their goods under the trademark, Dipcovan."

In the letter, HMD states its laborious job in building the brand of Dispovan and have done "advertising and popularizing" on an "extensive scale." Due to such advertising, the mark has become well known in India and outside. "Anyone seeing your products under these names may presume that the products are from our company or our associate company," the letter stated.

HMD states, "If you do not comply with this cease and desist advisory immediately, we will need to treat this as 'wilful infringement' and pursue against you all available legal remedies, including seeking monetary damages, passing off, injunctive relief, legal expenses, etc. which we sincerely hope is avoidable."