Short Summary
The Bombay High Court addressed the ongoing ad-interim injunction in a trademark infringement suit concerning the mark 'EPILIGHT'. While the court noted that previous orders needed extension, it confirmed that the existing restraining order against the defendants for using deceptively similar marks would continue to operate until November 18, 2019. The matter was subsequently scheduled for further hearing.
Detailed Summary
In the fast-moving world of pharmaceuticals and life sciences, a brand name can be a company's most valuable asset — and also its most vulnerable. When a competitor launches a confusingly similar mark, the legal battle that follows is rarely a clean knockout punch. More often, it's a war of attrition fought through temporary court orders, each one expiring like a ticking clock. The EPILIGHT trademark dispute before the Bombay High Court is a perfect illustration of this reality, where the petitioner had to keep returning to court just to keep the protective walls standing.
Nippon Life Sciences Private Limited, the petitioner in this case, found itself in a trademark infringement dispute concerning the mark 'EPILIGHT'. The opposing party, S. R. Life Science and another respondent, were alleged to be using marks deceptively similar to Nippon's registered brand. The matter had already progressed to a stage where the court had previously granted an ad-interim injunction — a temporary restraining order — against the defendants. However, such orders in trademark suits are not granted in perpetuity; they require periodic review and extension as the underlying suit moves toward final resolution. By November 8, 2019, the petitioner found itself back before the Bombay High Court seeking continuation of that protection.
The core legal friction in this case centered on the continuation of the ad-interim injunction. The petitioner, Nippon Life Sciences, argued that the defendants were using marks deceptively similar to 'EPILIGHT', creating a likelihood of confusion in the marketplace — a classic ground for trademark infringement relief. The respondents, on the other hand, contested the continuation of the restraining order. The court's role was not to deliver a final verdict on infringement, but to assess whether the temporary protection granted earlier should be extended, modified, or vacated. The legal tension lay in balancing the petitioner's right to protect its brand against the defendants' right to conduct business, all while the main suit remained pending.
The Bombay High Court acknowledged that the previous ad-interim orders required extension to maintain their protective effect. Rather than dismissing the petitioner's plea or granting permanent relief, the court took a measured, procedural approach: it confirmed that the existing restraining order against the defendants — prohibiting their use of the deceptively similar marks — would continue to operate until November 18, 2019. This short-term extension reflected the court's recognition that the petitioner had established a prima facie case warranting continued protection, while still leaving room for further examination. The matter was then scheduled for a subsequent hearing, signaling that the legal battle was far from over and that both parties would need to return to court to argue their positions further.
For founders and IP professionals, this case delivers a critical lesson: winning an ad-interim injunction is not the finish line — it's the beginning of a marathon. Temporary restraining orders in trademark disputes are subject to periodic review and must be actively defended at each hearing. Brand owners cannot assume that an initial favorable order will protect them indefinitely; they must be prepared to return to court, present updated evidence, and argue for extensions until the main suit is resolved. More broadly, this dispute underscores the importance of acting swiftly the moment infringement is detected, because in IP litigation, time is both your ally and your enemy — every day the injunction holds is a day your brand stays safe, but every lapse in court appearances could expose you to irreparable harm.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in trademark matters before Bombay High Court. Understanding the court's reasoning in Nippon Life Sciences Private Limited vs S. R. Life Science And Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Gola Sizzlers Private LimitedvsM/S GM Foods & Anr.
This is an order of the Delhi High Court in a commercial suit concerning trademark infringement and passing off. The Plaintiff, Gola Sizzlers Private Limited, had been granted an ad interim injunction on 05.08.2026 restraining the Defendants from using the trademarks 'GOLA', 'GOLA SIZZLERS' and 'GOLA RESTAURANTS'. The Defendants' appeal against the injunction was disposed of by the Division Bench on 13.08.2026 without interfering with the injunction, with a direction to the Single Judge to finally dispose of the pending applications. The Court listed the applications for final hearing on 20.08.2026.
Khadi And Village Industries CommissionvsMr Ashish Singh And Ors
The Delhi High Court granted an interim injunction in favor of the Khadi And Village Industries Commission against Mr. Ashish Singh and others. The Plaintiff, a statutory body protecting the 'KHADI' mark, alleged that Defendants were deceptively using similar marks like 'KHADI ORGANIC' on various products and websites to exploit public goodwill, particularly around religious events. The Court found a prima facie case for infringement and passed orders restraining the defendants from manufacturing or selling goods under infringing marks and mandating the suspension of the associated domain name.
Sporta Technologies Pvt. Ltd.vsAnil Pendela
The Delhi High Court granted an ex parte ad interim injunction in favor of Sporta Technologies against Anil Pendela regarding trademark infringement and passing off. The plaintiffs, owners of the 'Dream11' brand, successfully argued that the defendant's use of 'Dreamz11 Sports' and the tagline 'Khelo Dil Se' was deceptively similar to their registered marks. Consequently, the court restrained the defendant from using these infringing marks and ordered the suspension of the associated domain name and takedown of social media pages.
The North Face Apparel Corp.vsPranav Kant Sharma
The North Face Apparel Corp. filed a Letters Patent Appeal challenging the dismissal of its application for temporary injunction against Pranav Kant Sharma (North Face Adventure Tours), alleging trademark infringement due to deceptive similarity. The respondent argued that since they operate in different classes of goods (Class 39 vs. appellant's classes), there is no likelihood of confusion or deception. The High Court upheld the lower court's decision, finding that because the parties trade in different classes, the appellant failed to establish a prima facie case for injunction.
Glaxo Group LimitedvsNaresh Kumar Goyal, Trading As Maiden Pharmaceuticals & Anr.
The Delhi High Court addressed a complex interplay between an infringement suit and concurrent rectification petitions concerning pharmaceutical trademarks. The court clarified that while the statute requires rectification to be decided first, the simultaneous filing by the plaintiff preempted the need for a mandatory adjournment. Consequently, the court framed multiple issues covering trademark validity, infringement, passing-off, and defenses like adoption from APIs, setting the case for trial.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.