A Delhi court has permanently restrained Hyderabad-based Sainus Pharmaceutical Pvt Ltd from using the trademark “Udaan” or any other mark that is identical or deceptively similar to “Udan,” a registered trademark associated with RSPL Health Private Limited. The ruling came in a trademark infringement and passing-off dispute between the two companies.
District Judge Pankaj Sharma delivered the ex parte judgment on August 13, finding that Sainus Pharmaceutical’s use of “Udaan” infringed RSPL Health’s trademark rights. The court noted that the defendant did not appear in the proceedings, leaving the claims made by RSPL Health unrebutted and unchallenged.
RSPL Health's 'Udan' Trademark
RSPL Health, known for consumer brands including Ghari detergent, told the court that it had adopted the “Udan” trademark in 2007 for sanitary napkins. The company alleged that Sainus Pharmaceutical subsequently used the “Udaan” mark on products in a way that could create confusion among consumers.
The court accepted RSPL Health’s contention that the two marks were sufficiently similar to infringe its proprietary rights. According to the judgment, the use of “Udaan” was considered “identical and deceptively similar” to the plaintiff’s registered trademark.
Court Orders Permanent Injunction
The court granted RSPL Health a permanent injunction, preventing Sainus Pharmaceutical from using “Udaan” or any other mark that could be considered identical or deceptively similar to RSPL Health’s “Udan” trademark.
The dispute also involved allegations that products bearing the disputed mark were being supplied to dealers and retailers in different parts of New Delhi. RSPL Health claimed that such sales could potentially mislead consumers.
Counterfeit Products Ordered for Destruction
In addition to the permanent injunction, the court directed that seized counterfeit products and infringing materials, including packaging, dies and blocks carrying the disputed mark, be handed over to RSPL Health for destruction.
The decision highlights the importance of protecting registered trademarks, particularly where similar marks are used on products that could lead consumers to believe they originate from or are associated with the trademark owner.
The case also serves as a reminder that businesses need to carefully assess existing trademarks before adopting brand names for new products. Even a relatively small difference in spelling may not be sufficient if the overall mark is found to be deceptively similar and capable of causing consumer confusion.
The RSPL Health-Sainus Pharmaceutical dispute therefore adds another notable example to India's growing body of trademark litigation, where courts examine not just the spelling of competing marks but also their overall similarity, commercial context and potential impact on consumers.
