(1.) The suit has been filed by the plaintiffs seeking for the following reliefs;
(2.) According to the Plaintiff, they are the multispeciality medical service provider across the spectrum of medical and healthcare services and facilities right from diagnostic clinics, to general hospitals, multi-speciality hospitals, cancer hospitals, training institutes/colleges, pharmacies, etc. and is a pioneer in the field of treatment of various ailments. The Plaintiff approximately had 10,000 beds across 55 hospitals, about 2122 stand-alone Apollo Pharmacy outlets (this does not include the Apollo Pharmacy outlets attached to the Apollo medical centres, such as Hospitals, Clinics, etc.), over 100 primary care and diagnostic clinics, 60,000 rural touch points providing healthcare services, global projects, 150 telemedicine units across 17 countries, health insurance services, global projects consultancy, 15 academic institutions and a Medical Research Foundation with a focus on global clinical trials, epidemiological studies, stem-cell and genetic research. The Plaintiff hospitals have provided medical care to more than 35 lakh patients from over 120 countries. Further the Plaintiff employs more than 70,000 persons with revenues in excess of 5,178 crores for the Year 2014-2015.
(3.) The Plaintiff adopted the unique trademark "Apollo" with respect to all its hospitals and other medical undertakings. Prior to the Plaintiff no other person has adopted the said trademark in the field of pharma, healthcare and medical services and products. The Plaintiff has registered trademarks exclusively for the use of "Apollo", "Apollo Hospitals" and "Apollo Pharmacy" amongst others. Further the relevant marks "Apollo", "Apollo Pharmacy" and "Apollo Hospitals" trademarks are registered in favour of the Plaintiff, both individually and jointly with other marks but in all cases the registration is exclusively in favour of the Plaintiff and no other person is entitled to use the relevant registered trademark "Apollo", "Apollo Pharmacy", "Apollo Hospitals" or visually, phonetically, structurally or deceptively similar to the registered trademarks, in connection with medical services and goods, including pharmaceutical goods and services, and the dispensation thereof, whether directly or with any prefix or suffix or in combination with any other characters, words and devices. Exs.P1 to P13 are the registration certificates filed in this regard.