The Delhi High Court has delivered a decisive ruling affirming Pfizer’s exclusive ownership of the trademark ‘VIAGRA’, used for treating erectile dysfunction. In the case of Pfizer Products Inc v Renovision Exports Pvt Ltd and Anr, Justice Sanjeev Narula stated that Pfizer coined the term, which lacks dictionary meaning. He emphasized Pfizer’s consistent and genuine use of the mark, supported by extensive evidence such as international registrations, regulatory approvals, and inclusion in the Oxford Dictionary.
Renovision Barred: Permanent Injunction Ordered
The Court concluded that Pfizer’s successful registration of the ‘VIAGRA’ trademark in India unequivocally establishes their exclusive ownership from the application date, backed by a legal presumption of validity and ownership unchallenged by the Defendants. As a result, Renovision Exports Private Limited was permanently barred from marketing their homeopathic medicine under the trademark ‘VIGOURA’.
The Court’s order prohibits the Defendants, or any affiliated parties, from manufacturing, selling, or promoting any product under the ‘VIGOURA’ mark or any similar mark that could infringe on Pfizer’s registered trademark ‘VIAGRA’.”
Passing Off: Renovision Ordered to Pay Damages
Justice Narula determined that the use of the mark VIGOURA by the defendants amounted to passing off, considering its deceptive similarity to VIAGRA. As a consequence, the Court ordered Renovision to compensate Pfizer with ₹3 lakh as nominal damages. The ruling stemmed from Pfizer’s lawsuit against Renovision for marketing products labeled as “Nervine Tonic for Men” and “Homeopathic Medicine Invented in Germany” under the mark “VIGOURA”.
Further investigations uncovered additional VIGOURA product variants, including VIGOURA 2000, VIGOURA 5000, and VIGOURA 1000, being sold by Renovision. Pfizer contended that the deceptive resemblance between VIGOURA and its well-established VIAGRA trademark was a deliberate attempt by the defendants to exploit VIAGRA’s goodwill and reputation.
Renovision’s Defense and Court’s Verdict
Renovision countered in its statement that its product VIGOURA 1000 focuses on women’s vitality and menstrual regulation, distinguishing it from Pfizer’s male erectile dysfunction treatment. This, according to Renovision, makes VIGOURA 1000 irrelevant to the dispute. The company explained that VIGOURA 2000 and VIGOURA 5000 are non-steroid aphrodisiacs formulated as homeopathic medicines, operating on different principles from Pfizer’s VIAGRA.
Renovision highlighted the gradual effects of VIGOURA compared to the instant relief of VIAGRA, asserting that differences in composition and nature, along with both being prescription drugs, minimize consumer confusion.
Despite these arguments, the Court ruled in Pfizer’s favor, issuing a permanent injunction against Renovision. This legal triumph underscores the importance of trademark protection and serves as a deterrent against unauthorized use and infringement, ensuring consumer confidence and brand authenticity in the pharmaceutical landscape.
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