The Delhi High Court has restrained a doctor from using the trade name or the trademark of Metro Hospital here, holding that use of the same is an infringement of the trademark rights of the hospital as well as prejudicial to patients going for treatment to the hospital run by the doctor with the name of “Metro Hospital & Trauma Centre” at Lucknow.
Justice V.K. Jain passed the restraint order on a suit filed by Metro Institutes of Medical Sciences submitting that it was the registered proprietor of the trademark “Metro” in respect of medical services: hospital, heart institute, pharmacy, health care, specialty hospital, research institute and medical sciences since 2007.
Admitting the plea of the plaintiff, Justice Jain asked the defendants, Fahad Islahi and others, not to use their existing name “Metro Hospitals & Trauma Centre”.
However, the Court allowed them to use the name “Lucknow Metro” provided the words “a unit of Dr. Fahad Islahi & Aamir Islahi” are written just below the mark or name “Lucknow Metro”.
“The defendants will put up a sign board at the main entrance of its hospital stating therein that the hospital has no connection with the hospitals of ‘Metro Institute Of Medical Sciences Private Limited’, the Court said.
“If the quality of the services provided in the hospital of the defendants is not as good as is the quality of the services being provided in the hospitals of the plaintiff, that is likely to affect the brand name and brand equity which the hospitals of the plaintiff enjoy in this country, besides prejudicially affecting the patients and their family members who take treatment in the hospital of the defendants on the assumption that they are getting the treatment in one of the hospitals of the plaintiff-company,” Justice Jain observed.
‘Prejudicial to patients going to the hospital for treatment’