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Pune Court Refuses To Stop Serum Institute Of India From Using ‘COVISHIELD’ Name For COVID-19 Vaccine


first_imgNews UpdatesPune Court Refuses To Stop Serum Institute Of India From Using ‘COVISHIELD’ Name For COVID-19 Vaccine LIVELAW NEWS NETWORK30 Jan 2021 8:57 PMShare This – xA commercial court in Pune on Saturday refused to pass interim injunction to restrain the Serum Institute of India(SII) from using the trademark “COVISHIELD” for its vaccine for the Coronavirus induced pandemic.The order was passed in a passing off suit filed by a Nanded-based pharmaceutical company “Cutis Biotech” which claimed to be the “lawful and prior user” of the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA commercial court in Pune on Saturday refused to pass interim injunction to restrain the Serum Institute of India(SII)  from using the trademark “COVISHIELD” for its vaccine for the Coronavirus induced pandemic.The order was passed in a passing off suit filed by a Nanded-based pharmaceutical company “Cutis Biotech” which claimed to be the “lawful and prior user” of the tradename “COVI SHIELD”. The Court held that the plaintiff could not prima facie prove the triple tests of the passing off a trade mark i.e. goodwill of the plaintiff, misrepresentation by the defendant and damages to the plaintiff. It also held that if the SII is restrained from using the trade name “COVISHIELD” it would lead to great hardship for people to identify the much awaited COVID-19 vaccine.”Since last several months, not only India, but the world is facing the pandemic of Covid­19. All people are desperate to get a preventive medicine for said disease. Now, the defendant company and some other companies are manufacturing the vaccine for such deadly disease of Covid­19. It is a step towards control over the pandemic of Covid­19. Now, it is much desirable product and much awaited product by the people all over the country and all over the world. If, at this stage, defendant is restrained from using the trademark of ‘Covishield’ and distributing this vaccine under the said trade mark, it would be great hardship to the people to identify the product of defendant. Therefore, comparative hardship and balance of convenience certainly lie in favour of defendant.On the contrary,if the interim injunction is not granted, the products of plaintiff still can be in the market and it can sell the product under its name as the purposes of products of plaintiff are totally different. Those are disinfectants for hand, surface and vegetable washing liquid and other purposes mentioned in their application. Comparatively,defendant and its customer would suffer great hardship than the plaintiff, if the injunction is granted. Therefore, this point lies in favour of the defendant”, the order said.The Court further held that the plaintiff could not point out that, due to the use of the trade mark ‘Covishield’ by defendant, it is going to suffer “irreparable loss”.”The losses alleged by plaintiff can be quantified, if proved during trial. Therefore, loss cannot be said to be an irreparable loss and that too prima facie at the hands of defendant.Therefore, this point also goes against the plaintiff”, the order passed by AV Rotte, District Judge-2, Pune(designated as Commercial Court, Pune) stated. The Court also made a prima facie observation that Cutis Biotech did not approach the Court with “clean hands” as it had suppressed the subsequent application dated 12/12/2020 filed by the plaintiff for registration of the trade mark ‘Covishield’ for vaccine and other purposes,”…plaintiff could not point out that, balance of convenience lies in its favour nor plaintiff could point out that, it is going to suffer irreparable loss. The prima facie approach of the plaintiff to this Court with clean hands, is seen to be doubtful.Therefore, in all, I am of the view that, plaintiff is not entitled for the interim injunction”, the court said.Cutis had filed a similar suit at a court in Nanded, in which the Additional District Court at Nanded issued notice to the defendants on December 11 last year. However, the said suit was later withdrawn and fresh commercial suit was filed in Pune.The Drug Controller General of India, on January 3, approved the use of ‘Covishield’ vaccine developed by Oxford-AstraZeneca and produced in India by SII for “restricted emergency use”.Adar Poonawalla, the CEO of the Pune-based SII, had announced on December 7 that it has applied for emergency use authorisation for Covishield coronavirus vaccine.”As promised, before the end of 2020, @SerumInstIndia has applied for emergency use authorisation for the first made-in-India vaccine, COVISHIELD. This will save countless lives, and I thank the Government of India and [email protected] for their invaluable support,” the CEO of Serum Institute of India said in a tweet.As promised, before the end of 2020, @SerumInstIndia has applied for emergency use authorisation for the first made-in-India vaccine, COVISHIELD. This will save countless lives, and I thank the Government of India and Sri @narendramodi ji for their invaluable support.— Adar Poonawalla (@adarpoonawalla) December 7, 2020 A few days before that, on November 29, the Prime Minister, Narendra Modi, had visited the company’s vaccine facilities in Pune and interacted with the officials there.Had a good interaction with the team at Serum Institute of India. They shared details about their progress so far on how they plan to further ramp up vaccine manufacturing. Also took a look at their manufacturing facility. pic.twitter.com/PvL22uq0nl— Narendra Modi (@narendramodi) November 28, 2020 Cutis Biotech says in its suit that it has placed orders before several manufacturers for other medicinal products under the name “COVI SHIELD” but the manufacturers are expressing reluctance to take orders from it under the name ‘COVI SHIELD’ due to news published about SII using the name.The plaint alleges that the SII made application for the tradenames “COVI SHIELD” and “COVID SHIELD” only in June. The plaintiff claims that it had filed an application for registration of “COVI SHIELD” trademark in its name on April 29, 2020.It claimed that irrespective of the fact that the trademark registration application is pending, the plaintiff has right to seek remedy against the defendants for passing off.The suit seeks the following prayer :”Pass a decree for perpetual injunction may kindly be issued restraining and prohibiting the defendants or any other persons claiming through them from passing off medicinal and pharmaceuticals, allopathic, veterinary, ayurvedic preparations or products for human use and animals as well as vitamins and dietary supplements for humans and animals under the trade name “COVI SHIELD” as well as the trademark “COVID SHIELD” which is identical or similar to the plaintiff’s trademark “COVI SHIELD”.Click here to read/download the order Next Storylast_img read more


Scouts’ melon fund-raiser Saturday


first_img “Selling watermelons for the Fourth of July was a good idea as a fund-raiser,” said Scoutmaster Dr. David Runyon. “Troop 41 is growing. The number of scouts has almost doubled in size recently. We now have 23 scouts who are active and interested in the different events and opportunities offered through scouting.”Runyon said several of the scouts are hoping to visit Philmont Scout Ranch in New Mexico next summer.“We’ll have several fund-raisers to help these scouts attend Philmont and other camps, and to support our scouting program in general,” he said. Latest Stories By Jaine Treadwell The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Troy falls to No. 13 Clemson Pike County Sheriff’s Office offering community child ID kits The scouts will have a big load of watermelons for sale from 7 a.m. to 1 p.m. Saturday at First United Methodist Church in Troy, which sponsors the Scout troop.The watermelons are Star Brites and are guaranteed to be deliciously sweet.“With the weather so dry, the melons aren’t as big as they normally would be but they are probably sweeter than they would be,” said Dan Dykes, an Eagle Scout who is assisting the Scouts with the fund-raiser. “The patch was irrigated and has produced really good watermelons.”The watermelons will weigh about 25 pounds and will sell for $10 each. The money raised will support the programs of Boy Scout Troop 41. Scouts’ melon fund-raiser Saturday Print Article The official fruit of America’s Independence Day celebration is watermelon – at least, for those who are lucky enough to live in the Deep South.Knowing that, Boy Scout Troop 41 in Troy decided that “unloading” a load of ripe, red, sweet-as-sugar watermelons would be the perfect fund-raiser for the troop for the Fourth of July.But, first, they had to locate the perfect melon patch. Skip You Might Like Troy native makes Dean’s List at Georgia Southern Statesboro, Ga. – Wesley Taylor, an Exercise Science major from Troy, has been named to the Georgia Southern University Dean’s… read more Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthBet You’re Pretty Curious About Jaden’s Net Worth Right About Now, HuhBradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel It wasn’t as hard as it seemed. The troop didn’t have to look any farther than one of their own. Scout Caleb Green’s dad, Luke Green, has a watermelon patch at Banks that would fill the need.Luke Green readily agreed to supply watermelons for the scouts’ fund-raiser and to offered to physically load the melon wagon with one condition – that the scouts would do the “unloading.”“I’ll leave it up to the boys to sell the watermelons,” Green said, laughing. Remember America’s heroes on Memorial Day Sponsored Content Book Nook to reopen By The Penny Hoarder Published 11:00 pm Wednesday, June 27, 2012 Email the author Plans underway for historic Pike County celebrationlast_img read more