Pharma — India Trademark Cases
240 decisions indexed
Page 1 of 8 · 240 total
Alkem Laboratories Ltd. v.Martin and Brown Biosciences Pvt. Ltd. & Ors. (in suit); Mr. Vineet Maini & Ors. (in rectification petition)
Alkem Laboratories Ltd. filed a commercial suit and a connected rectification petition against Martin and Brown Biosciences Pvt. Ltd. and others concerning the trademark 'SOMI-MB' (Application No. 5982177 in Class 5). The parties settled their disputes through mediation, executing a Settlement Agreement dated 27.07.2026. The Delhi High Court decreed the suit in favour of Alkem by consent and directed the Registrar of Trade Marks to cancel and expunge the impugned mark within four weeks. The plaintiff waived its claims for damages and costs, and was granted a full refund of court fee under the amended Court Fees Act.
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.
94 Cedar Properties And Trading Llp & Ors v.Shri Munish Thakur & Anr
The Delhi High Court addressed petitions alleging wilful disobedience of undertakings related to a previous settlement concerning the trademark 'DROTIN' and its variants. The petitioner alleged that the respondent was using the deceptively similar mark 'DROTINXT' in medicinal preparations, constituting contempt of court. Consequently, the Court issued notice to the respondents, setting a date for their returnable appearance.
Abbott Product Operations Ag & Anr. v.Medinox Pharmaceuticals & Ors.
In a significant development concerning trademark infringement, the Delhi High Court issued an order compelling Defendants No. 1 and 2 (pharmaceutical distributors) to immediately cease manufacturing medicines bearing the impugned trademark 'DUPHAMED' or any variation using 'DUPHA'. This interim relief was granted in the context of urgent proceedings, while also allowing time for existing stock disposal. The court further streamlined procedural requirements by granting exemptions related to document filing and pre-institution mediation.
Hamdard Laboratories India (Medicine Division) v.Unani Drugs Manufacturers Association (UDMA)
This appeal before the Delhi High Court involved Hamdard Laboratories India (Medicine Division) challenging an order that dismissed its applications for interim injunction. The core dispute centered on the use of the 'HAMDARD' trademark and associated products, particularly in relation to the Unani Drugs Manufacturers Association (UDMA). Hamdard alleged misleading claims by UDMA regarding market share and product categorization. However, the High Court ultimately dismissed the appeal, noting that the matter fundamentally involved a commercial dispute requiring adjudication by a specialized Commercial Court.
M/s. Effra Life Science v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar of Trade Marks' rejection of M/s. Effra Life Science's application for a device mark registration. The court found that despite both marks being in Class 35, the appellant's business (marketing pharmaceutical products) was fundamentally different from the cited prior mark's business (repair and installation of machinery). This distinction negated the likelihood of confusion, allowing the application to proceed to advertisement.
Jan Aushadhi Sangh v.M/S. Pharmaceuticals And Medical Devices Bureau of India (PMBI)
The Delhi High Court addressed an appeal filed by Jan Aushadhi Sangh challenging a lower court's judgment that granted injunction and damages to PMBI for trademark infringement. While the core dispute over the injunction was maintained, the High Court provided relief regarding the financial aspect of the ruling. The appellant was permitted to stay the execution of the Rs. 10 lakh damage award upon depositing Rs. 5 lakhs with the court, though the injunction against further alleged infringement remains in force.
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