The Delhi High Court has restrained a Telangana based hospital chain from using the mark “Maxi Cure” for its healthcare services in a trademark infringement suit filed by Max Healthcare.

Keeping in view the fact that since Maxi Cure Hospital was using the impugned mark for a hospital, Justice Prathiba M Singh clarified that the injunction shall come into effect only from February 01, 2024.

The court ordered so to ensure that there is no inconvenience to the patients and others who may be obtaining the services of Maxi Cure Hospitals.

“During the interregnum, the Defendants shall not open any fresh heath centre/ hospital or undertake any expansion under the infringing mark/ name,” the court added.

Max Healthcare Institute Limited, which runs hospital chain under the mark “Max”, filed the suit against Maxi Cure Hospitals which is operating two hospitals or healthcare centres in Telangana.

It was Max’s case that the online comments in respect of Maxi Cure Hospitals show that several adverse reviews are made by the patients in respect of the latter’s services.

It was submitted that using the mark “MAX” by Maxi Cure Hospitals, even with a suffix, would lead to dilution and erosion of Max’s goodwill.

Max further contended that it was possible that the patient community may presume that Maxi Cure Hospital is also another branch of Max’s chain of hospitals.

Justice Singh observed that prima facie, in the field of healthcare and pharmacy, confusion has to be avoided and that the mark “Max”, which is registered trademark of the plaintiff, is the essential feature and prominent mark in the defendant’s name “Maxi Cure.”

“The same would be severely impinging upon the Plaintiff’s statutory and common law rights as also adversely affect the larger interest of the patient community. In view thereof, Plaintiff has made out a prima facie case for the grant of interim injunction,” the court said.

Title: MAX HEALTHCARE INSTITUTE LIMITED v. MAXI CURE HOSPITALS & ANR.

Citation: 2023 LiveLaw (Del) 1086

Click Here To Read Order