VADODARA: Amid the Covid pandemic when the medical fraternity is battling the deadly virus, two firms offering medical services have locked horns over the trademark that became very popular during the pandemic.
Vadodara-based Nisarg Wellness Private Ltd (NWPL) has sued Vision Medical Services LLP (VMS) from Ahmedabad for using a trademark registered by them.
The complainant has also sought Rs 50 lakh towards damages from VMS for using its trademark for over last one year and asked the latter to stop using it in the case filed at a commercial court in Vadodara.
“NWPL was formed in 2016 and has been offering health-care and allied services since its inception.
They coined the trade name ‘Dr@Door Step’ and got it registered in the trademark registry in 2017.
Since then, NWPL has used this trademark with the logo extensively in all its services,” said Shrikrishna Acharya, advocate for NWPL.
NWPL offers healthcare services in allopathy, dentistry, homeopathy, ayurveda, physiotherapy, dietician and nursing at the patients’ home apart from collecting samples and lab testing too.
“The model of offering medical services at doorstep became very popular after the first wave of Covid.
In October 2020, NWPL learnt that an Ahmedabad-based firm too is offering the same services under almost the name similar to NWPL’s trademark.
VMS blindly copied the business method of NWPL,” Acharya said.
NWPL has also contended that VMS has launched a website www.doctorsatdoorstep.com that is very similar to the its own url ‘www.dratdoorstep.com’.
“NWPL had served a legal notice to VMS in November 2020 asking them to cease infringement of trademark but the latter didn’t comply.
Using a similar name and business model to offer the services that were very much in demand during the pandemic has affected NWPL’s business,” Acharya said.
Advocate Jaydeep Verma, representing VMS, said, “My client, who launched the service in early months of 2020, is clear that such trademark registration cannot be granted to anyone.
There cannot be any proprietary over the word ‘doctor’ or any other medical sign including stethoscope or red cross.
Doctors and doorstep are generic and descriptive words and are being used by many other proprietors across the country.” “We have contended that NWPL offers its services in Vadodara while VMS has its base in Ahmedabad and Gandhinagar.
In no way, does my client’s business interfere in the plaintiff’s territory.
So, there is no possibility of confusion or deception among people,” Verma added.
“Also, the plaintiff’s trademark has a red cross.
India is a signatory to the Geneva Convention that protects the red cross emblem from commercial use through section 12 of the Geneva Conventions Act, 1960.
The registration of NWPL’s trademark should, therefore, be cancelled,” Verma said.
The next hearing date for the case on July 15.