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.