Whalesbook
Ruling on Descriptive Marks
The Delhi High Court has delivered a significant judgment stating that English alphabets are not eligible for trademark exclusivity. Justice Tejas Karia's bench refused interim protection to Alkem Laboratories Limited for its 'A TO Z' mark, asserting that such marks are descriptive and cannot be monopolized by a single entity. The court found Alkem's claim over the letters 'A' and 'Z' unsupported by trademark law.
Competitor's Branding Upheld
The ruling came as Alkem Laboratories sued Prevego Healthcare and Research Pvt Ltd over the use of 'AZ' in Prevego's 'Multivein AZ' multivitamin product. Alkem argued that Prevego's branding infringed upon its 'A to Z' and 'A to Z-NS' brands, which it has used since 1998. However, the court agreed with Prevego's defense that 'A to Z' is a common phrase signifying comprehensiveness and lacks distinctiveness for exclusive trademark protection. Prevego also highlighted Alkem's lack of a registered word-mark for 'A to Z' in the relevant class.
Non-Disclosure and Infringement Claims
Further weakening Alkem's position, the court criticized the company for failing to disclose previous withdrawn, abandoned, or opposed trademark applications for 'A TO Z' in Class 5. This non-disclosure disqualified Alkem from receiving equitable relief. The court also dismissed Alkem's claims of copyright infringement. Consequently, an earlier ex parte injunction favouring Alkem was vacated, permitting Prevego to continue marketing 'Multivein AZ'.