'Triple Identity Test Satisfied': Delhi High Court Restrains Infringement Of Johnson & Johnson's ORSL Trademark, Awards ₹1.2 Cr Damages
The Delhi High Court today (July 15) awarded Rs. 1,21,56,864 cumulative damages to pharmaceutical multinational Johnson & Johnson over infringement of its ORSL trademark.
ORS-L (later changed to ORSL) is a range of flavoured electrolyte drinks first introduced by Jagdale Industries Limited in 2003.
Johnson & Johnson acquired the brand and its formative marks back in November 2014.
The company had approached the High Court on the ground that the defendant's ERSI mark is deceptively similar to their ORSL mark.
The Court had in December 2023 granted an interim injunction in the company's favour.
Making the interim order absolute, Justice Mini Pushkarna today observed,
“The misappropriation on part of the defendant no. 1 is writ large, and in the first instance can be seen in the packaging itself, wherein, the placement of the information and pictorial representation of the fruit is similar to that of the plaintiff's packaging. Further, the colour scheme used in the trade dress of the plaintiff's product has been adopted in toto by the defendant no. 1. Moreover, even though the defendant's mark is 'ERSL', however, the manner in which the 'E' is presented in the mark, with a round shape, is similar to an 'O', and the addition of an unnoticeable cut in the middle of the letter 'E', nevetheless throws the impression that the 'E' is an 'O'.”
The Court said it is a clear case where the 'Triple Identity Test' is satisfied. “The marks/trade dress of the parties, are similar. The areas of operation/business are the same, and the target consumers are also similar. Therefore, there is a complete likelihood that deception and confusion will occur with the consumers.”
It also noted that after the interim injunction, the defendant had adopted new marks which were also deceptively similar.
As such, the Court directed Defendant no. 1— trading as M/s Sree International India from Andhra Pradesh, to pay compensatory damages to the tune of Rs. 52,56,864/- and punitive damages of Rs. 50,00,000/- to Johnson & Johnson.
It further directed Defendant nos. 2 to 5— partners of M/s Pure Tropic from Tamil Nadu, to pay Rs. 19,00,000/- to the company.
Appearance: Ms. Nancy Roy, Advocate with Mr. Lalit Alley, Advocate for Plaintiff; Mr. Kishore Babu Manne, Advocate for defendant nos. 1 to 6; Mr. Vinay Kumar, Advocate for defendant nos. 2 and 5.
Case title: Johnson & Johnson Pte Ltd v. Mr. Abbireddi Satish Kumar & Ors.
Case no.: CS(COMM) 801/2023