The Delhi High Court has restrained Alchem International Pvt Ltd from manufacturing, selling, or advertising pharmaceutical or medicinal products under the mark 'ALCHEM' or any similar mark to 'ALKEM', owned by Alkem Laboratories Ltd.
This decision was made in a trademark infringement suit filed by Alkem against Alchem International, with the interim order passed on October 10.
The marks of the plaintiff 'ALKEM' and of the defendant 'ALCHEM' are phonetically identical and visually and structurally deceptively similar.
The Court found that Alkem was the prior adopter and registered proprietor of the mark 'Alkem', and Alchem’s use of a similar mark for similar products did not appear to be bona fide.
Author's summary: Court restricts Alchem International from using 'ALCHEM' mark.