July 04, 2019:
Bench found that there is no explanation, why the defendant changed its name from Sunshine to Maxcure, a name strikingly similar as that of the hospitals of the plaintiff, Max Hospitals.
Case of the Plaintiff was that the trade mark ‘MAX’ has been owned and used by Max Financial Services Ltd. (MFSL), MFSL group of companies, Max India and Max India group of companies, in respect of goods and services falling under various categories, and has been in use not just as a trade mark but also as a trade name for various business ventures namely Max Life Insurance Co. Ltd., Max Bupa Health Insurance Co. Ltd., Max Healthcare Institute Ltd. i.e. the plaintiff, Max Speciality Films Ltd., Hutchison Max Telecom Pvt. Ltd., Comsat Max Pvt. Ltd., Max – GB Pvt. Ltd., Max Atotech Pvt. Ltd. and Avnet Max Pvt. Ltd.
It was pleaded that the plaintiff is a joint venture between Max India Ltd. and Life Healthcare group, which is a premier South African healthcare service provider and the existing healthcare business of the plaintiff was transferred by MFSL to Max India in pursuance of a Scheme of Demerger.
The plaintiff started its operations in India in 2000 as a division of MFSL and since June, 2002, the plaintiff was formed as an independent company, since the year 2000, the plaintiff has opened nearly fourteen hospitals / healthcare centres in Delhi, Gurgaon, Mohali, Bathinda, Dehradun and Greater Noida, the word ‘MAX’ has come to be closely associated with the plaintiff and the plaintiff has various registrations of MAX HEALTHCARE, MAX HOSPITAL, MAX MEDCENTRE, DR. MAX CLINIC and MAX HEALTHSTAFF, all under Class 42 and dated between 2003-2005.
On the other hand on making investigations plaintiff learnt that the defendant has also adopted MAXCURE MEDICITI, which is deceptively similar to plaintiff’s trade mark; (ix) the defendant is providing full fledged healthcare services. It was further learnt that the marks MAXCURE HOSPITAL / MAXKURE and MAXCURE MEDICITI were recently adopted by the defendant and the defendant were earlier running the said hospitals / health facilities under the name of Sunshine Hospital and Mediciti Hospitals.
After detailed discussion Bench of Justice Rajiv Sahay Endlaw observed-
''First I have considered dehors the legalities, whether adoption by the defendant, admittedly much after adoption by the plaintiff, of the trade marks / trade name MAXCURE / MAXKURE / MAXCURE MEDICITI, for the purposes of its hospital and / or healthcare services, is likely to confuse public at large and whether it is likely to result in the public at large believing the hospital and healthcare services provided by the defendant to be those of the plaintiff under the mark MAX HEALTHCARE, MAX HOSPITAL, MAX MEDCENTRE, DR. MAX CLINIC and MAX HEALTHSTAFF.
I have not an iota of doubt that the two marks are similar / deceptively similar and are likely to cause confusion, resulting in the hospital / healthcare services of the defendant being confused by public at large and / or persons in need thereof as hospitals / healthcare services of the plaintiff.''
