Pharma — India Trademark Cases
245 decisions indexed
Page 1 of 9 · 245 total
Mankind Consumer Products Private Limited v.Alaina Healthcare Private Limited & A. Menarini India Private Limited
Mankind Consumer Products, the registered proprietor of the trademark ACNESTAR (Reg. No. 1352577 in Class 5) since 2005, sued Alaina Healthcare and A. Menarini India for using the marks ACNE SCAR/ACNE+SCAR/ACNESCAR on their acne scar serum product HEXILAK. The court found a prima facie case of deceptive similarity, noting that the dominant feature 'ACNE' was common and the suffix 'STAR' vs 'SCAR' was insufficient to distinguish the marks, especially given the identical trade channels and consumer class. The court granted an interim injunction in favour of the plaintiff while allowing defendant no. 2 a two-month period to recall existing stock from the trade.
GlaxoSmithkline Biologicals SA v.Human Biolife India Pvt. Ltd. & Ors
GlaxoSmithkline Biologicals SA sued Human Biolife India Pvt. Ltd. for trademark infringement concerning its well-known vaccine brands including ENGERIX, HAVRIX, INFANRIX, ROTARIX, CERVARIX, and SYNFLORIX. The defendant had adopted confusingly similar marks such as RUTORIX, DROTARIX, AMIRIX, CEFTARIX, and MIRIX for pharmaceutical products. The parties entered into a settlement agreement dated 24.04.2026, and the Delhi High Court decreed the suit in terms of the settlement, directing the defendant to cease all infringing use, recall products, cancel its trademark applications, and take down online listings.
M/s. Cipla Ltd. v.M/s. Embiotic Laboratories Pvt. Ltd. & The Registrar of Trade Marks
This case involves two interlocutory applications filed by M/s. Cipla Ltd. in a pending trade mark opposition petition, seeking permission to file additional documents and to lead secondary evidence. The documents relate to various 'OMNI' formative marks including OMNICAL, OMNIGEL, OMNIM, OMNIX, and OMNICLAV. The respondents objected on the ground of delay, but the Madras High Court allowed the applications, holding that any objections could be raised at trial without causing prejudice.
Novartis AG & Anr. (Novartis Healthcare Private Limited) v.Novosys Life Sciences Private Limited & Anr.
Novartis AG and its Indian subsidiary Novartis Healthcare Private Limited sued Novosys Life Sciences Private Limited for infringement of their registered and well-known trademark 'NOVARTIS', passing off, dilution, and unfair competition, alleging that the defendant's mark 'NOVOSYS' used for pharmaceutical products was deceptively similar. The matter was resolved through settlement, with the defendant undertaking to cease use of the impugned mark, clear existing stock, and withdraw/cancel its trademark registrations and applications. The Delhi High Court decreed the suit in terms of the settlement, granted three months for exhaustion of existing stock, and directed the Registrar of Trade Marks to cancel the defendant's registrations and treat its pending applications as withdrawn.
Abbott GmbH & Anr. v.Dr. Reddy's Laboratories Limited
The plaintiffs, Abbott GmbH & Anr., filed a suit seeking a permanent injunction restraining Dr Reddy's Laboratories Limited from using the marks COMIFFIN/COMIFFIN PLUS, which were alleged to be identical or deceptively similar to the plaintiffs' registered CREMAFFIN marks. During the pendency of the suit, the parties amicably settled their disputes, with the defendant agreeing to cease use of the impugned marks and withdraw its trademark application. The court decreed the suit in terms of the settlement and granted the plaintiffs a refund of court fees.
Alkem Laboratories Ltd. v.Martin and Brown Biosciences Pvt. Ltd. & Ors. (in suit); Mr. Vineet Maini & Ors. (in rectification petition)
The Delhi High Court disposed of a rectification petition and a connected commercial suit after the parties settled their disputes through mediation. A Settlement Agreement dated 27.07.2026 was placed on record, pursuant to which the commercial suit was decreed in favour of the plaintiff and the rectification petition was allowed by mutual consent. The Registrar of Trade Marks was directed to cancel and expunge the impugned trademark 'SOMI-MB' (application No. 5982177 in Class 5), and the plaintiff was granted a refund of the entire court fee.
Curewin Pharmaceuticals Pvt. Ltd. v.Registrar Of Trademarks Govt. Of India
The Madhya Pradesh High Court granted an interim measure in the trademark opposition case filed by Curewin Pharmaceuticals Pvt. Ltd. against the Registrar of Trademarks, Government of India. The court directed that no further proceedings related to the specific publication date (11.08.2025) shall be taken until the next hearing date. This temporary stay provides crucial breathing room for the petitioner while procedural requirements are met.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiffs filed an application seeking an ex parte ad interim injunction restraining the defendants from dealing in products that infringe their Indian Patent No. 426553, specifically mentioning the brand name NYKRON. The court accepted notice and directed the defendants to file a reply within two weeks.
Mankind Pharma Limited v.Motherkind Pharma Private Limited
The Delhi High Court granted an interim injunction favoring Mankind Pharma Limited against Motherkind Pharma Private Limited. The court found that Motherkind's use of 'MOTHERKIND' prima facie amounted to trademark infringement and passing off, given its similarity to Mankind's well-known marks ('MANKIND' and 'KIND') in the pharmaceutical sector. This preliminary order restrains the Defendant from using the infringing mark until further proceedings.
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
Ja Sterile Pvt Ltd v.The Registrar Of Trademarks, Trademarks Registry & Anr.
The Delhi High Court addressed procedural matters in the appeal filed by Ja Sterile Pvt Ltd against the Registrar of Trademarks. The court disposed of an application seeking exemption from filing certain documents, directing that certified copies of illegible materials be submitted within four weeks. The main appeal petition, challenging a prior order by the Trademark Registrar, was subsequently listed for further hearing on January 15, 2026.
Himalaya Wellness Company & Ors. v.Greenland Trading Company
The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company, finding a prima facie case of trademark infringement and passing off against Greenland Trading Company. The court recognized 'HIMALAYA' as a well-known mark due to its extensive global use since 1930. Given the potential for consumer confusion in the health and wellness sector, the court restrained the defendant from using deceptively similar marks until further hearing.
Lincoln Pharmaceuticals Private Limited v.Registrar of Trade Marks & Anr.
The Gujarat High Court allowed Lincoln Pharmaceuticals' appeal against the rejection of its trademark registration for 'Glypanta'. The court ruled that despite initial objections under Section 11(1) of the Trade Marks Act, 1999, the applicant was entitled to proceed with the advertisement of the mark. This decision underscores the importance of following procedural steps like publication even when substantive objections exist.
Mankind Pharma Limited v.De Harbien Life Sciences Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Mankind Pharma Limited against De Harbien Life Sciences Private Limited. The court found that the defendant's use of marks like 'NEFROKIND' and 'SILOKIND' was likely to cause confusion with Mankind's well-known trademarks, including 'MANKIND' and its formative variants. Given the pharmaceutical nature of the products and the potential for irreparable harm to the plaintiff and the public, the court restrained the defendant from selling or advertising the impugned marks until further hearing.
Modi-Mundipharma Pvt. Ltd. v.Agrosaf Pharmaceuticals Pvt. Ltd. & Anr.
The Delhi High Court decreed a trademark infringement suit between Modi-Mundipharma Pvt. Ltd. and Agrosaf Pharmaceuticals Pvt. Ltd. following an amicable settlement. The defendants agreed to permanently cease all use, promotion, and sale of products bearing the mark 'AGROCONTIN.' Furthermore, they acknowledged the plaintiff's proprietary rights in 'NITROCONTIN' and committed not to adopt any deceptively similar marks incorporating the suffix 'CONTIN,' effectively resolving the dispute through a binding decree.
Manash Lifestyle Private Limited v.Pragati Enterprise & Ors.
The Delhi High Court formally accepted a settlement reached between Manash Lifestyle Private Limited and Pragati Enterprise & Ors. The original suit involved claims of trademark infringement, copyright violation, passing off, and unfair competition related to the brand 'DermDOC'. By agreeing to the terms of the Settlement Agreement dated May 28, 2025, the defendants acknowledged the plaintiff's proprietary rights, agreed not to use similar marks, and consented to the transfer of the domain name https://dermdoms.com/ to the plaintiff. The court consequently decreed the suit based on this compromise.
Parth Formulation Pvt Ltd v.Paam Biotech Private Limited
In a passing-off dispute concerning pharmaceutical packaging, the Delhi High Court found prima facie that the defendants' packaging was deceptively similar to the plaintiff's. While the court noted the parties were open to settlement, it directed Paam Biotech to change its packaging color away from red and mandated Parth Formulation to submit sales data for the past three years.
Sanjeev Juneja & Ors. v.Haridwar International Ayurveda & Ors.
In a suit concerning the alleged infringement of its trademark and copyright, Sanjeev Juneja & Ors. successfully secured an ex-parte ad-interim injunction from the Delhi High Court. The court also permitted the appointment of a Local Commissioner to inspect and potentially seize infringing stock bearing the 'PET SAFFA' mark. This order allows the plaintiffs to proceed urgently with their infringement claims while setting out procedural timelines for filing pleadings.
M/S. Adarsh Pharmaceutical Works v.Rhugved Pharmaceuticals
The Bombay High Court addressed a writ petition filed by M/S. Adarsh Pharmaceutical Works challenging the rejection of its application for a stay of proceedings in a related trademark suit. The petitioner argued that since their own suit regarding the same product was already pending and had an injunction, the subsequent suit filed by Rhugved Pharmaceuticals seeking passing off should be stayed under Section 10 of the CPC. The Court agreed with the petitioner's stance, directing that the District Judge-12, Nagpur, shall not proceed with Trademark Suit No.3 of 2023 in the interim.
Pstgems Private Limited v.Active Ayurvedic Life Private Limited & Ors.
The Delhi High Court granted the plaintiff, Pstgems Private Limited, an ex parte ad-interim injunction in a suit alleging infringement and passing off related to its trademark 'BRAMPIUM' and associated copyrights. The court recognized the urgency of the matter concerning counterfeit products and ordered the appointment of a Local Commissioner. This commissioner is tasked with accessing Defendant No. 1's premises, reviewing CCTV footage, and examining account books and stock registers to gather evidence of infringement.
Pstgems Private Limited v.M/S Sonu Motor & Ors.
The Delhi High Court granted interim relief to Pstgems Private Limited in its suit against M/S Sonu Motor & Ors. The court allowed the plaintiff, a health tech company selling nutraceutical products, to proceed with urgent measures despite seeking exemptions from pre-institution mediation and advance service. Crucially, the court appointed Local Commissioners to conduct an inventory of the alleged infringing goods and packaging materials, paving the way for immediate enforcement against suspected trademark and copyright infringement.
Brawn Biotech Ltd. v.Brawn Healthcare India P. Ltd.
The Delhi High Court has formally registered the trademark infringement suit filed by Brawn Biotech Ltd. against Brawn Healthcare India P. Ltd., following the failure of mediation proceedings to settle the dispute. The court has set out procedural timelines, including filing written statements and replication. Crucially, the court also granted notice for an ex-parte ad-interim injunction application, allowing the plaintiffs to seek immediate protection against alleged infringement of the 'BRAWN' trademark.
Sun Pharmaceutical Industries Ltd & Anr. v.Janricsan Pharma P Ltd & Ors.
The Delhi High Court granted an interim injunction in favor of Sun Pharmaceutical Industries Ltd against Janricsan Pharma P Ltd. The court found a prima facie case for trademark infringement, noting the potential for dangerous public confusion due to the similarity between the parties' pharmaceutical product names. This protective order restrains the defendants from manufacturing or selling products under marks deemed deceptively similar to the plaintiffs' registered trademarks until the final hearing.
Mankind Pharma Limited v.Kindwaves Healthcare Private Limited
In a trademark infringement suit, the Delhi High Court granted several interim reliefs favoring the plaintiff, Mankind Pharma Limited. The court allowed the appointment of a Local Commissioner to conduct an inventory of all products bearing the allegedly infringing mark 'KINDWAVES' at the defendant's premises. Furthermore, recognizing the urgency of the matter, the court exempted the plaintiff from mandatory pre-institution mediation and granted exemption from advance service, allowing the suit to proceed swiftly.
Mankind Pharma Limited v.Caremankind Hospital Private Limited
Mankind Pharma Limited successfully secured an interim injunction against Caremankind Hospital Private Limited in the Delhi High Court. The court found a prima facie case for infringement and passing off, noting that the defendant was using identical or deceptively similar marks ('MANKIND'/'CAREMANKIND') in relation to similar services. This crucial early ruling protects Mankind Pharma's established brand equity while the main suit proceeds.
Glaxosmithkline Pharmaceuticals Limited v.Varav Biogenesis Private Limited And Ors
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Glaxosmithkline Pharmaceuticals against Varav Biogenesis Private Limited. The court permitted the plaintiff to file additional documents, including sales figures for its 'COBADEX' mark, in a sealed cover. Crucially, the court also initiated proceedings regarding the core dispute, noting that the plaintiff alleges the defendants are using the deceptively similar mark 'CODODEX' for medicinal products, seeking permanent injunction against trademark infringement and passing off.
Glaxo Group Limited And Anr. v.Dinesh Sirvi And Ors
In a trademark infringement suit concerning pharmaceutical products 'Augsomention' and 'Sheoical-nx CCM,' the Delhi High Court issued several orders. The court exempted the plaintiffs from pre-litigation mediation while granting them liberty to file confidential sales documents in sealed cover for protection. Crucially, after both parties agreed to refer their dispute to mandatory mediation, the court granted an interim injunction restraining the defendants from using the disputed marks until a settlement is reached.
Torrent Pharmaceuticals Ltd v.Indorbit Pharmaceuticals P. Ltd. & Anr.
The Delhi High Court rejected Torrent Pharmaceuticals' oral request to pass a permanent injunction and decree against Indorbit Pharmaceuticals based on passing off and copyright infringement. Although the defendants failed to file written statements, the court found that the plaintiff had not sufficiently established its prior adoption and usage of the new trade dress (SHELCAL-500) since September 2022. The judgment emphasizes that while a party's failure to respond can lead to a default decree, the threshold for such an order is high, especially in complex IP matters like pharmaceutical products, necessitating full evidence and trial.
M/S Green Star Pharma Llp v.Ved Prakash Trading As Green Star Pharma
This Delhi High Court order addresses an appeal filed by M/S Green Star Pharma Llp against the Commercial Court's dismissal of its interim injunction application. The core dispute revolves around the use of the 'GREEN STAR' trademark in the pharmaceutical sector. While the appellant relies on passing off, the court raises significant questions regarding the timing and scope of goodwill acquisition, especially given the respondent's earlier registered device mark.
Himalaya Global Holdings Ltd v.Jeena Sikho Lifecare Limited
The Delhi High Court issued a significant order in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Jeena Sikho Lifecare Limited. The court permitted the plaintiffs to file additional documentation and, crucially, addressed the request for an ad interim injunction. While noting concerns over mark similarity and color combination usage, the court granted conditional relief, requiring the defendant (D-1) to change its packaging colors within two weeks while allowing it to exhaust existing stock.
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