Institute of Clinical Research India (ICRI) has successfully obtained an injunction restraining Vijay Moza founded CRI from using the trade mark "CRI" or the name Clinical Research Institute (India) in connection with its business activities from the Delhi High Court.
The order read as: "The defendant is restrained from using the trademark "CRI" or the name "Clinical Research Institute (India)" in connection with its business activities."
ICRI had approached High Court of Delhi for grant of Permanent Injunction and other relief vide suit no 270 of 2008 against Vijay Moza, founder of CRI, from using the mark and name "CRI" and "Clinical Research Institute (India)" as it violated the Trademark of ICRI and also was deceptively similar to its name, Institute of Clinical Research (India) .
Moza was an employee of ICRI and served the company as its CEO and executive director. However he resigned from the services of ICRI in February 2007 and as per the terms of the agreement dated February 13, 2007 he was on notice pay till January 31, 2008. However he started using a mark and name deceptively similar to ICRI and also made false claims that he was a co-founder of ICRI. Even after repeatedly pointing out to Moza that he was violating the contract with the plaintiff, Moza continued to use the same and misrepresented to outsiders that he was the co-founder of ICRI.
ICRI did not have any alternative but to take appropriate action in a court of law to protect its Trademark and Name from being used inappropriately and approached the High Court of Delhi. ICRI felt that the Trade Mark and Name of 'ICRI' built by a team of professionals needed to be safeguarded and not to allow anyone to use the same in any manner not befitting the high standards that ICRI has set for itself.