Similarity in sound could mislead consumers into believing that ‘VIGOURA’ is either a variant of, associated with, or endorsed by the makers of ‘VIAGRA’: Delhi High Court Restrains Use of ‘VIGOURA’

The Delhi High Court, in a significant ruling on trademark infringement and passing off today, has granted a permanent injunction against Renovision Exports Pvt. Ltd., preventing the use of the mark “VIGOURA” or any similar sounding mark. The order was passed after it was found that “VIGOURA” was phonetically, visually, and conceptually similar to “VIAGRA”, a registered trademark of Pfizer Products Inc., potentially leading to consumer confusion.

Pfizer Products Inc., recognized globally for its erectile dysfunction drug “VIAGRA”, argued that “VIGOURA” infringed upon its well-established trademark rights. Pfizer’s primary contention was based on the similarity of the marks which could mislead the consumers into associating the two products, despite one being an allopathic medicine and the other homeopathic.

Justice Sanjeev Narula noted the significant similarity between the two marks and the fact that both products target the same consumer segment, increasing the likelihood of confusion regarding the source and affiliation of the products. The judgment stated, “The trademarks ‘VIGOURA’ and ‘VIAGRA’ exhibit a high degree of phonetic similarity… This phonetic resemblance is particularly concerning in the pharmaceutical industry, where the precise identification of products is crucial for consumer safety and confidence.”

The court also held that Pfizer had established a transborder reputation of “VIAGRA” that extended into India prior to the Defendants’ adoption of “VIGOURA”, leading to a clear case of passing off. The Defendants’ use of “VIGOURA” was seen as a deliberate attempt to capitalize on the goodwill and reputation of “VIAGRA”.

While Pfizer sought damages of Rs. 20 lakhs, the court awarded nominal damages of Rs. 3,00,000 due to the absence of detailed evidence for specific loss amounts. Additionally, actual litigation costs were awarded to Pfizer, underlining the acknowledgment of infringement and passing off by the Defendants.

The judgment culminates in a strong reinforcement of trademark protections, particularly in industries where consumer health and safety are at stake. Pfizer’s victory underscores the importance of safeguarding global brand identities from potential infringement and confusion in different markets.

Date of Decision: May 1, 2024

Pfizer Products Inc. vs. Renovision Exports Pvt. Ltd.