Executive Summary
The Delhi High Court allowed Sun Pharmaceutical Industries Limited to frame a new issue in its ongoing suit against Systopic Laboratories Limited. The core dispute involves the similarity between the trademarks 'STORVAS' and 'ORVAS'. Crucially, the court permitted the framing of an additional issue questioning the validity and potential cancellation of the defendant's trademark registration (No. 1328403). This decision was influenced by recent Supreme Court dicta emphasizing the necessity of addressing pleas of invalidity.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in trademark matters before Delhi High Court. Understanding the court's reasoning in Sun Pharmaceutical Industries Limited vs Systopic Laboratories Limited is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Exotic MilevsImagine Marketing Pvt Ltd
The Delhi High Court reviewed an interim injunction granted by a Single Judge in a trademark infringement and passing off suit. While the court affirmed the injunction against Exotic Mile's use of certain specified marks, it quashed the restriction on the tag line "UNPLUG YOURSELF" because the original plaintiff had not sought that specific restraint. Furthermore, the court clarified that since the mark GOBOULT was never subject to an injunction, Exotic Mile remains free to use it unless a separate cause of action is filed.
Desert Friendly Camps Private LimitedvsRegistrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Desert Friendly Camps Private Limited against the Registrar of Trade Marks' refusal of its trademark application, 'THE SERAI JAISALMER.' The court found that the mark was not descriptive for Class 43 services, especially given the existence of a nearly identical registered mark in the same classes. Furthermore, considering the lapse or refusal status of most cited prior marks, the Court directed the Trademark Registry to process and advertise the application, subject to an explicit disclaimer regarding the word 'JAISALMER.'
Haji Latif Gani KachhivsSangishetty Ramulu
The appeal was filed by the appellant (registered proprietor of marks related to Goddess Lakshmi) challenging the Assistant Registrar's decision allowing the registration of a new trade mark ('Laxmi Ganesh Beedi') for beedies. The appellant argued that the new mark was deceptively similar and infringed upon their existing rights. However, the court found that the composite nature and different postures (standing vs sitting) made the marks easily distinguishable.
Dr.S.Chandralekha / M/s.Iswarya Fertility Services Pvt. Ltd.vsDr.Aravind Chander
The Madras High Court addressed applications filed by the defendant, Dr. Aravind Chander, challenging the jurisdiction and maintainability of a trademark infringement suit brought by Dr. S. Chandralekha and M/s. Iswarya Fertility Services Pvt. Ltd. The court rejected arguments regarding lack of territorial jurisdiction, finding that the plaintiff could establish personal work for gain in Chennai under Section 134(2) of the Trade Marks Act. Furthermore, the court ruled that the non-joinder of a related entity was not fatal to the suit's maintainability.
Indoco Remedies Ltd.vsBristol Myers Squibb Holdings Ireland Unlimited Company
This order from the Delhi High Court addresses procedural matters in the dispute between Indoco Remedies Ltd. and Bristol Myers Squibb Holdings Ireland Unlimited Company regarding the trademark 'APIXABID'. The court allowed certain exemption applications while also granting time to the respondents to file a reply concerning objections raised against the sale of 58,000 strips under the brand name.
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.