The Delhi High Court has issued a permanent injunction against a homeopathic oil manufacturer, prohibiting them from marketing their products under the brand name "Vigoura." This decision came after pharmaceutical giant Pfizer filed a complaint, alleging trademark infringement, as the name "Vigoura" closely resembled their registered trademark "Viagra," which is used for an allopathic drug for treating erectile dysfunction.

Justice Sanjeev Narula noted that the trademark "Viagra" holds significant recognition within the domain of erectile dysfunction medication, having garnered both national and global renown.

“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.

Despite Pfizer's claim for damages amounting to Rs. 20 lakhs in the trademark infringement case, the court decided to grant the pharmaceutical company nominal damages totaling Rs. 3 lakhs. Pfizer initiated the lawsuit against Renovision Exports Pvt. Ltd. and its manufacturer, accusing them of marketing products titled "Nervine Tonic for Men" and "Homeopathic Medicine Invented in Germany" under the infringing brand name "Vigoura."

The lawsuit claimed that the Defendants were producing homeopathic remedies, specifically naming drugs such as "VIGOURA 1000," "VIGOURA 2000," and "VIGOURA 5000." In a verdict favoring Pfizer, the court emphasized that the mere addition of numerals such as "1000," "2000," and "5000" after essentially incorporating the entirety of the "Viagra" mark did not make the Defendants' mark distinctive or 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.

The court concluded that the Defendants' trademark "VIGOURA" was deceptively similar to Pfizer's trademark "VIAGRA," noting a substantial likelihood of confusion among the general public. Additionally, the court highlighted the extensive advertising and promotional presence of "VIAGRA" in various publications, medical literature, 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.