The Trademark “Viagra” which is a drug often used to treat erectile dysfunction, is exclusively owned by the American pharmaceutical giant Pfizer, according to the Delhi High Court’s confirmation.
Background of the Case
Pfizer initiated legal proceedings against Renovision, alleging that the latter was marketing goods bearing the labels, “Nervine Tonic for Men” and “Homeopathic medicine invented in Germany” under the “VIGOURA” trademark.
Arguments By Pfizer’s Legal Team
- Pfizer’s legal team contended in court documents that misrepresentation can take many different forms, including adopting identical logos, packaging, or marketing methods that could mislead the public about the source of the goods or services.
Arguments by Renovision’s Attorney
Renovision argued that there were variations between Pfizer’s “VIAGRA” and its “VIGOURA” drugs in terms of ingredients during composition, intended usage, and mode of action.
The Uniqueness and product differentiation of the “Viagra” trademark have not been seriously disputed by the defendants.
As stated in the court filing, their defence was mainly concerned with distinguishing their mark “VIGOURA” from the corresponding products linked to the competitor’s trademarks.
Judge’s Declarations
Judge Sanjeev Narula declared in Pfizer Products Inc. v. Renovision Exports Private Limited and others that Pfizer is the legitimate owner of the “Viagra” Trademark registration, preventing other parties from using the same or similar marks.
Court’s Decision
- Pfizer made significant efforts to obtain and preserve ownership of the “Viagra” trademark, which was highlighted by Justice Narula’s decision.
- The Court also pointed out that before the drug was linked to the name “Viagra,” it was a term that was innovated specifically and had no established definition in the English language or popular dictionaries.
- The “Viagra” trademark is rightfully owned by Pfizer in India, as confirmed by the court, which also cited Pfizer’s creation of the term and its consistent and lawful use of the trademark.
- Hence, along with supporting evidence like regulatory approvals, international registrations, and inclusion in the Oxford dictionary, Pfizer was declared as the legitimate owner of the “Viagra” trademark.
