The Delhi High Court (โCourtโ) granted injunction in the case filed by ๐๐ซ. ๐๐๐๐๐ฒโ๐ฌ ๐๐๐๐จ๐ซ๐๐ญ๐จ๐ซ๐ข๐๐ฌ ๐๐ข๐ฆ๐ข๐ญ๐๐ (โPlaintiffโ) v/s ๐๐ฆ๐๐ซ๐ญ ๐๐๐๐จ๐ซ๐๐ญ๐จ๐ซ๐ข๐๐ฌ ๐๐ฏ๐ญ. ๐๐ญ๐. (โDefendantโ) for use of the mark โAZIWAKEโ as it was phonetically deceptively similar to the Plaintiffโs mark AZIWOK.
The court based the observation on the Pianotist Test, which has, "come to be regarded as the gold standard, having been followed and adopted in, among others, the decisions of the Supreme Court", the High Court held that there was no real distinction between their look and sound.
The Court states that the competing words are, in the present case, "AZIWOK" and "AZIWAKE". There is no real distinction between their "look" and "sound", especially as the plaintiff holds a word mark registration for the word "AZIWOK". Though, considering the buyer side, it is obvious that AZIWAKE is phonetically similar to AZIWOK, as they sound deceptively identical to the ear. Additionally, Both the marks are used for the same pharmaceutical preparation, namely, azithromycin.
The Court restrained the defendant from using the impugned mark regarding pharmaceutical preparations, or for any other allied of cognate goods or services. It was also clarified that no injunction was passed against the batches of AZIWAKE already circulating in the market or which had been manufactured.
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