Read Time: 03 minutes

Synopsis

In a trademark infringement case between a German medical equipment manufacturer, VBM Medizintechnik GMBH, and an Indian entity, VBM India Co (VBMIC), the Indian defendant invoked Hindu Gods as inspiration for its trademark use. However, the Delhi High Court was unswayed by this defense and granted interim relief to the German company.

The German company accused VBMIC of trademark infringement for using the mark 'VBM,' which it claimed stood for "Mr. Volker Bertram Medical." In contrast, VBMIC asserted that 'VBM' represented "Vishnu, Brahma, and Mahesh," referring to Hindu Gods.

The bench of Justice C Hari Shankar granted interim relief to the German company, remarking that VBMIC may have "exposed himself to divine retribution" for invoking the holy trinity for "unholy ends."

The court found the explanation of 'Vishnu, Brahma, Mahesh' to be unsupported by any corroborative evidence and too facile to pass legal muster.

The court refused to grant the defendant the benefit of Section 33 (acquiescence) of the Trade Marks Act and concluded that VBMIC's use of 'VBM' was an attempt to create confusion among consumers regarding the origin of the products, leveraging the goodwill of the German company.

The court also noted that VBMIC's reluctance to add 'India' to its VBM device mark and its failure to inform the German company about the trademark registration was indicative of an intention to pass off its products as those of the plaintiff.

Consequently, the court restrained the defendant from using 'VBM' as part of its corporate name or trademark in relation to medical equipment or allied goods and services during the pending lawsuit.

Case Title: VBM MEDIZINTECHNIK GMBH VS. GEETAN LUTHRA