Trademark Dispute: Japanese drugmaker sues Indian firm over "Daiwa"


A Japanese pharmaceutical company, Daiwa Pharmaceutical Co. Ltd., has sued an Indian company, Daiwa Pharmaceuticals Pvt. Ltd., for trademark infringement and passing off. The Japanese company claims that the Indian company's use of the trademark "Daiwa" is likely to confuse consumers into believing that the Indian company's products are from the Japanese company.

The Japanese company has been using the trademark "Daiwa" for its products since 1992 and has registered the trademark in various countries, including Japan, the USA, the UK, South Korea, and China. The company distributes its products in 54 countries worldwide and applied for registration of the trademark "Daiwa" in India in March 2022.

 

 

The Indian company, founded in December 2017, received a trademark registration for "Daiwa" in India in January 2018. The Japanese company filed a lawsuit against the Indian company in January 2023.

The lawsuit is ongoing, and the court has not yet issued a decision. The Japanese company claims that it has built up a reputation for the trademark "Daiwa" internationally and that this reputation extends to India. The Indian company has not yet publicly responded to the lawsuit.