상표 “TRIVOLIB”와 “TRI-VOBIT”의 침해여부

Trademark Infringement of “TRI-VOBIT” against “TRIVOLIB”

The Plaintiff contends that the mark TRIVOLIB was coined by it in August 2011 and is used extensively since then. The trademark TRIVOLIB is also registered in Class 5 vide registration dated August 12, 2011. Defendant is the registered proprietor of the mark TRI-VOBIT 2 in Class 5. Defendant has launched the mark TRIVOLIB in October 2012. Further, it was contended that the Defendant No. 1 is the registered proprietor of the mark VOBIT, which was bona fidely adopted prior to the Plaintiff. The trade mark VOBIT was used for the first time by the Defendants in 2008 whereas the Plaintiff has been using the trade mark TRIVOLIB since August 2011. The Delhi High Court on February 19, 2018 in the case of Sun Pharma Laboratories Ltd v. Lupin Ltd &Anr, held that, ‘it is a settled legal position that while comparing the trademarks, the marks have to be taken as a whole. Merely because the Defendant was using a part of the mark earlier cannot be a ground to plead trademark infringement ’. The Court further clarified that the mark cannot be split and then compared, as is sought to be done in this case.