Court awards ₹10 lakh as damages to Jan Aushadhi in trademark battle

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The New Delhi District court has issued a permanent injunction against a resemblance in the name of an organisation operating as “Jan Aushadhi Sangh” at Bhopal in Madhya Pradesh.

“This firm was deliberately and intentionally using a deceptively similar name of “Jan Aushadhi”, a registered trademark of the Pradhan Mantri Bhartiya Janaushadhi Pariyojana (PMBJP), Department of Pharmaceuticals, with malafide intention to create confusion in the mind of the public and to trade on Jan Aushadhi’s goodwill,” noted a release issued by the Health Ministry.

Now, the court has restrained the violator and its proprietors and partners, from using the words “Jan Aushadhi” in any manner.

The ruling protects the integrity of the brand of the Pharmaceuticals and Medical Devices Bureau of India (PMBI) and ensures consumers receive authentic products at affordable rates through Jan Aushadhi Kendras.

Apart from issuing a direction seeking delivery of all the material bearing the infringed trademark to the PMBI for destruction, the court ordered damages of ₹10 lakh in favour of the PMBI.

A network of 13,800 Jan Aushadhi Kendras covers almost all districts of the country, the Ministry said.

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