Serum submits reply in Pune court over 'Covishield' lawsuit

Serum Institute of India on Tuesdayfiled its response in the civil court here to a lawsuit by apharmaceutical products manufacturer and seller over thebrandname 'Covishield', saying both companies operate indifferent product categories and there is no scope forconfusion over the trademark.

The Pune-based vaccine maker, through its lawyer,submitted the written response in the court to the lawsuitfiled by Cutis-Biotech, a pharmaceutical products manufacturerand seller based in Nanded, central Maharashtra.

Serum Institute of India (SII) is manufacturing anti-coronavirus vaccine called ''Covishield''.

Further arguments on the matter are slated for January22.

On January 4, Cutis-Biotech had filed the suit in thecivil court seeking to restrain SII from using the trademarkCovishield or any other similar names for its COVID-19 vaccineand claimed the pharma firm is a prior user of the brandname.

Appearing before the court of additional sessionsjudge A V Rotte on behalf of SII, advocate S K Jain submittedthe company's response.

''We have filed the response in the court to the suitfiled seeking the injunction (on use of Covishield trademark)and I will argue in the court on Friday (Jan 22),'' Jain toldPTI.

Jain said in the reply, SII has raised several pointswhich include distinction in products of both the firms (Cutis-Biotech and SII) and timeline of trademark applications.

''We have told the court that the plaintiff (Cutis-Biotech) filed another application before the trademarkregistry for a vaccine under the name Covishield in December2020. This information has not been revealed by the plaintiffto the court,'' he said.

Jain said points related to timeline claimed by theplaintiff were also raised.

''Since March 2020, my client has been telling theworld that they are making a vaccine in the name ofCovishield.

''In June 2020, we (SII) informed trademark registryabout it officially. If this was the reality, why did theplaintiff file for a trademark with the same name in April2020?'' he asked.

He said if the plaintiff's April 2020 application fortrademark was sufficient, what was the need to make anotherapplication to trademark registry for vaccine in the same name(Covishield).

''There is no letter of intent by the plaintiff's firmabout the vaccine with ICMR (Indian Council of MedicalResearch) and still the plaintiff applied for a trademark,'' hesaid.

Talking about product distinction, Jain said Cutis-Biotech is into selling hand sanitisers, handwash,disinfectants using the name Covishield, while his client'sproduct is a human vaccine.

''Both the products are distinct in nature and thereis no scope for confusion,'' he added.

Advocate Aditya Soni, through whom Cutis-Biotech, hasfiled the lawsuit, said he argued before the court that hisclient is a prior user of the trademark - Covishield.

The Nanded firm is using the trademark since May 2020for products like hand sanitisers, handwash, antiseptic,disinfectants, surface de-containment spray and fruit andvegetable washing liquid, whereas the defendant (SII) is usingthe name only since January 2021, Soni said.

''We cited several judgements of the Supreme Courtshowing that how the prior user of a trademark has a superiorright,'' he said.

Asked about the claim made by SII's lawyer in thecourt about Cutis Biotech filing another trademark applicationin December for vaccine use, Soni said he would reply to thepoint during arguments.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)