Bombay High Court Grants Interim Injunction Protecting P&G’s ‘Livogen’, Restrains Use of ‘Livogem’

The Bombay High Court granted an interim injunction in favour of Procter & Gamble, restraining the use of the mark “LIVOGEM” for infringing its registered trademark “LIVOGEN”.

The Court held that the two marks are visually and phonetically similar, noting that the defendants merely replaced the last letter “N” with “M”.

It emphasised that in pharmaceutical products, even a slight possibility of confusion must be avoided due to public health concerns.

Rejecting the defence of honest adoption and common usage of “LIVO”, the Court found a prima facie case of infringement, though it declined relief on passing off at this interim stage.

[Procter & Gamble Health Limited & Anr v. Horizon Bioceuticals Pvt. Ltd. & Anr.]