HC junks order asking Rebanta not to use 'Rebaheal' in Dr Reddy's case
This story was originally published at 20:46 IST on 12 September 2024
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NEW DELHI – The division bench of the Delhi High Court has set aside its single-judge bench order restraining Rebanta Healthcare Pvt Ltd from using the name "Rebaheal" for its medicine used for treatment of pain. A single-judge bench in July had passed the ex-parte interim order in a trademark infringement suit filed by Dr Reddy's Laboratories Ltd against Rebanta.
The Bench of Justices Vibhu Bakru and Sachin Datta has asked the parties to appear for mediation at the Delhi High Court Mediation and Conciliation Centre on Tuesday. Meanwhile, Rebanta Healthcare was asked to file a written statement in the suit and a reply to Dr Reddy's application seeking a temporary injunction to restrain the former from using the trademark. The court said the parties must ensure that the pleadings in the suit are completed before the next hearing before a single-judge bench, scheduled on Nov 13.
"Clearly, the appellant (Rebanta) has produced sufficient material to indicate that it is the prior user of the impugned trademark 'REBAHEAL'. It is also apparent that the said facts were not available before the learned single judge," said the division bench.
Dr Reddy's had said that Rebanta Healthcare had illegally adopted and used an identical name to their well-known registered trademark "Rebaheal", but for a different ailment and with a different composition. Dr Reddy's said that its product had a composition which was used for treatment of peptic ulcers and mouth ulcers, while Rebanta Healthcare's product had a composition which was used for treatment of pain, regulation of menstruation and to repair bone fracture.
However, Rebanta Healthcare said that Dr Reddy's had adopted the trademark "Rebaheal" in June 2023, while it had adopted the name in July 2019 and has been using the same since then. Rebanta Healthcare said Dr Reddy's has copied the trademark and not vice versa. Dr Reddy's has copied the font and colour scheme of the trademark as well, said Rebanta Healhcare.
Today, shares of Dr Reddy's Laboratories ended 1.1% higher at 6,683.85 rupees on the National Stock Exchange. End
Reported by Surya Tripathi
Edited by Tanima Banerjee
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