NURECA LIMITED Vs. THAKER BROTHERS

JUDGEMENT

(1.) The applications for interim injunction by the applicant/plaintiff, who is the registered owner of trademark "DR TRUST" against the respondent, who is carrying on business under the trademark 'DOCTOR'S TRUST' also a duly registered mark.

(2.) The affidavit in support of the injunction applications states that, the applicant is in the trade of distribution of health care and wellness products. It has several brands under its umbrella including the mark 'DR TRUST'. This mark was first adopted in the year 2010 by the M/s. Nectar Life Science Limited, who is the predecessor of the applicant. The applicant offers high quality of blood pressure monitors, pulse oximeters, blood glucose meters, infra-red thermometers, Electrocardiogram (ECG) machines, Nebulizers, Electrical breast pumps for nursing mothers and weight management tools like smart body fat scales. To disseminate information about the applicant's product, the applicant have a website with domain name www.nureca.com registered as early as 2014. Besides that it also maintain till date, region specific domains www.drtrust.in and www.drtrustusa.com.

(3.) The applicant is a continuous user of the mark "DR TRUST" and its variants and since 2010. The products under the mark "DR TRUST" are trusted by Doctors, Medical Professionals and Home Users across the globe including India. Through the websites mentioned above, the applicant had sold 53,109 of its products in India and 3,325 of its products in USA under "DR TRUST" mark. That apart, the applicant's products also available in India for sale through online e-commerce platforms, such as, Amazon, Flip Cart, Snapdeal etc. The total online e-commerce sale in India for the past 5 years is 3,446,701. Indian Cricketer Mr. Rohit Sharma is the brand ambassador of the applicant company. By its promotional efforts and quality, the "DR TRUST" brand is associated solely with the Applicant and its products.