VBM MEDIZINTECHNIK GMBH Vs. GEETAN LUTHRA

JUDGEMENT

(1.) The defendant has, in the present case, invoked none less than the holy Trinity of Hindu gods, Brahma, Vishnu and Mahesh, albeit not in that order, to justify the use, by him, of what is perceived, by the plaintiff, to be a mark which infringes the plaintiff's mark 'VBM'.

(2.) 'VBM', claims the plaintiff, represents the initials of the founder of the mark, Mr. Volker Bertram Medical. The defendant, per contra, claims to have coined the 'VBM' mark on the basis of the holy Trinity in the Hindu pantheon of Gods, 'Vishnu Brahma Mahesh'.

(3.) The defendant disputes the plaintiff's claim on the ground that 'Medical' is not part of the name of the plaintiff's founder. The plaintiff disputes the defendant's claim on the ground that the holy Trinity is not 'Vishnu Brahma Mahesh' but 'Brahma Vishnu Mahesh'. The names of the Creator, Preserver and Destroyer are always cited in that order, submits Mr. Lall, learned Counsel for the plaintiff, and not in any random sequence.