NEW DELHI:
Delhi high court
has permanently restrained use of the ‘
Vigoura
’ mark by a
homeopathic drug maker
to sell its medicine for sexual disorders.
The decision came on a lawsuit for
trademark infringement
filed by
Pfizer
Products Inc., which sells erectile dysfunction allopathic drug under the ‘Viagra’ trademark.
The high court said there is ‘strong potential’ for confusion and added that ‘Vigoura’ and ‘Viagra’ exhibited a degree of phonetic similarity that could mislead consumers that the former was either a variant of or endorsed by makers of the latter.
Pfizer is entitled to nominal damages of Rs 3 lakh,
HC
said.