Pharma — India Trademark Cases
454 decisions indexed
Page 3 of 16 · 454 total
Mankind Pharma Limited v.Zhejiang Yige Enterprise Management Group Co Ltd
Mankind Pharma Limited appealed a decision by the Deputy Registrar of Trade Marks regarding an opposition filed against the trademark 'FLORASIS'. The Delhi High Court granted condonation of a 7-day delay in filing the appeal, allowing the matter to proceed. Notice has been issued to all parties, setting the stage for a substantive hearing on the merits of the trademark dispute.
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.
Alkem Laboratories Ltd. v.M/S Martin And Brown Biosciences & Ors.
Alkem Laboratories Ltd. filed a Rectification Petition against M/S Martin And Brown Biosciences & Ors., seeking the removal or cancellation of the trademark registration 'SOMI-MB' (No. 5982177) in Class 5, arguing that it is confusingly similar to their existing mark 'SUMO'. The Delhi High Court issued notice to the respondents and set timelines for filing written synopses and replies, indicating that the matter will proceed through formal litigation.
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.
Glaxo Group Limited v.Qpharm Health Care Limited And Anr
The Delhi High Court addressed multiple issues in the ongoing dispute between Glaxo Group Limited and Qpharm Health Care Limited. The court allowed a petition seeking the transfer and consolidation of trademark rectification proceedings against 'BETNOTREAT' into the main infringement suit, recognizing the interconnected nature of the disputes. Furthermore, after hearing arguments regarding trade dress similarity, the parties were referred to mediation, indicating a potential path toward settlement.
Alkem Laboratories Limited v.Dr. Mariya Parvez & Ors.
The Delhi High Court addressed an application by Alkem Laboratories seeking to include a proposed defendant who had posted misleading content targeting its pharmaceutical products, PAN-D and PAN-40. Although the plaintiff initially sought to extend existing injunctions against this individual, the court noted that the impugned video had already been taken down. Consequently, the court dismissed the impleadment request but reaffirmed that the proposed defendant remains prohibited from using Alkem's 'PAN' family of marks in any videos, reserving the right for the plaintiff to seek further action if infringement recurs.
Suncare Formulations Pvt. Ltd. v.Oreo Healthcare
The plaintiffs, manufacturers of pharmaceutical products under the registered trademark 'HAEMOCAL', sued defendants for using the deceptively similar mark 'HEMOCAL' and copying their unique packaging and labeling. The court found that the marks were deceptively similar and likely to cause confusion among the public.
R.Dilip Kumar v.The Registrar of Trademarks, M/s. Sun Pharma Laboratories Limited
The Madras High Court allowed a writ petition filed by R.Dilip Kumar against the Registrar of Trademarks, quashing an order that deemed his trademark application 'PIRALEX' abandoned. The court emphasized that the statutory right of the applicant is at stake and ruled that service of opposition via email alone, without proof of receipt, does not satisfy the legal requirement for initiating the response period. Consequently, both the trademark application and the opposition were restored to the file, allowing the petitioner a fresh opportunity to respond on merits.
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.
Mankind Pharma Limited v.Preet Kamal Grewal And Anr.
Mankind Pharma Limited successfully petitioned the Delhi High Court for the removal of a conflicting trademark, 'KINDPAN,' registered by Respondent No. 1 in Class 5. The court ruled that the registration was unsustainable because Mankind is the prior adopter and well-known proprietor of the 'KIND' family of marks in the pharmaceutical sector. By allowing the petition, the High Court reinforced the principle that established goodwill and extensive use grant heightened protection to a trademark owner against confusingly similar registrations.
Psychotropic India Limited v.Meridian Medicare Ltd And Anr.
The Delhi High Court allowed a rectification petition filed by Psychotropic India Limited against Meridian Medicare Ltd. The court found that Respondent No. 1 adopted the mark 'TROMA' with malafide intent, capitalizing on the goodwill established by the petitioner in the pharmaceutical sector. Given the prior use and distinctiveness of the petitioner's marks (TROMANIL, TROMA), the court ruled that the registration held by the respondent was contrary to the Trade Marks Act, leading to its cancellation.
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.
Mankind Pharma v.Lemford Biotech Pvt Ltd.
The Delhi High Court allowed a rectification petition filed by Mankind Pharma against Lemford Biotech Pvt Ltd., directing the removal of the trademark 'LENOKIND'. The court found that 'LENOKIND' was confusingly similar to Mankind Pharma’s established and well-known family of marks, particularly those containing the element 'KIND'. Given Mankind Pharma's extensive prior use, massive market presence in pharmaceuticals, and acquired goodwill, the registration of 'LENOKIND' was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Jitesh Kumar S/O Omprakash Maheshwary v.Babushah Ibrahimsha Juneja & Anr.
This appeal before the Gujarat High Court challenged an interim injunction granted by the Trial Court in Trademark Suit No. 1 of 2023. The original plaintiffs sought relief against alleged infringement of their registered copyright and passing-off of their trademark 'RAJ KHUSHBU' concerning Ayurvedic Medicinal Oils. The High Court, while not examining the merits of the underlying dispute, quashed the lower court's order on the grounds that it was non-speaking. Consequently, the injunction application was restored to the Trial Court for a fresh hearing.
Sun Pharmaceutical Laboratories Ltd v.Rspl Helathcare P Ltd & Anr.
The Delhi High Court addressed an appeal challenging a District Judge's order that had granted an ex parte injunction against Sun Pharmaceutical Laboratories Ltd, restraining it from using the trademark 'PRUEASE'. The court set aside this restrictive interim order. Instead, it directed the Trial Court to expedite the hearing of the original application filed by the respondents seeking injunctive relief, allowing both parties a chance to present their case.
Innovative Health Care v.Innovative Healthcare (India) Pvt. Ltd.
The Madras High Court addressed an Original Application filed by Innovative Health Care seeking to restrain Innovative Healthcare (India) Pvt. Ltd. from using a deceptively similar trademark for medicinal preparations. The court decided to close the current application while granting the applicant full liberty to raise all its contentions in the main suit. This procedural step moves the dispute forward into the substantive litigation phase.
Financiere Batteur Sas v.Kalai Arasu
Financiere Batteur Sas successfully petitioned the Madras High Court to cancel a registered trademark, 'Physiolac AR,' held by Kalai Arasu. The petitioner argued that the mark was adopted in bad faith and had suffered prolonged non-use, violating Section 47 of the Trade Marks Act. The court agreed, finding that the lack of genuine use for over five years demonstrated malafide intent to ride on the petitioner's established international reputation. Consequently, the trademark registration was ordered to be removed from the Register.
Mankind Pharma Limited v.S.A Medline Private Limited
Mankind Pharma Limited and S.A Medline Private Limited reached a joint settlement in the Delhi High Court regarding a trademark dispute. As part of the compromise, the defendant agreed to withdraw its contested trademark registration (No. 5328362) within seven days. The court accepted the terms, decreeing the suit against the defendant and allowing for a refund of court fees.
Mankind Pharma Limited v.Micor Labs Limited
Mankind Pharma Limited sought the rectification of Micor Labs Limited's trademark 'DOLOBENE', arguing it was deceptively similar to their mark 'DOLOBAN'. The Madras High Court ultimately dismissed the petition, primarily on the grounds of inordinate delay and acquiescence. The court found that Mankind had lost its right to claim prior user due to the significant lapse between Micor Labs' registration date and the filing of the rectification application.
Psyco Remedies Ltd. v.Micro Labs Ltd.
This Madras High Court judgment concerns a petition filed by Psyco Remedies Ltd. seeking rectification of a trademark held by Micro Labs Ltd. However, before the court could rule on the merits of the rectification request, the parties reached an out-of-court settlement. Both sides agreed to withdraw related litigation and mutually refrained from taking further action against each other concerning the subject trademarks. Consequently, the High Court dismissed the petition as withdrawn.
Mankind Pharma Limited v.Pranjali Swapnil Pimprikar Trading As A2 Lifesciences & Anr.
Mankind Pharma Limited and Pranjali Swapnil Pimprikar Trading As A2 Lifesciences reached a full settlement regarding trademark disputes concerning the 'ALL OK+' product. The defendant acknowledged Mankind's exclusive rights to its trade dress and agreed not to use any confusingly similar marks. In exchange, the plaintiff dropped claims for damages, allowing the defendant to continue using the mark provided the trade dress was distinct.
Modi-Mundipharma Pvt. Ltd. & Anr. v.Win Health Pharma Through Its Proprietor Mr. Sanjay Seth & Anr.
The Delhi High Court allowed the plaintiffs to challenge the validity of the defendant's registered trademarks, 'WIN HEALTH PHARMA,' under Section 124 of the Trademarks Act. The core dispute revolves around prior use rights, as the plaintiff claims established goodwill with marks like 'WIN-HEALTHCARE' since 2005, while the defendant holds registrations for similar names. Given that both parties presented substantial arguments regarding priority and similarity, the court found prima facie merit in the plaintiffs' plea of invalidity.
Kedar Nath Mishra v.Invision Medi Sciences Pvt. Ltd.
The Delhi High Court deferred the appeals filed by Kedar Nath Mishra against Invision Medi Sciences Pvt. Ltd. The court allowed further time for arguments and noted that the respondent required additional time to place documents on record regarding an amendment to its trademark registration, reflecting usage since 31.12.2007. Consequently, the appeals were released from part-heard status and rescheduled for a later date.
Mankind Pharma Limited v.Alembic Pharmaceuticals Limited
In a trademark infringement suit, Mankind Pharma Limited sought an injunction against Alembic Pharmaceuticals Limited regarding the use of the mark 'TOFASTAR' versus 'TOBASTAR'. The court allowed the plaintiff's request for exemption from pre-litigation mediation due to the urgency of the matter. Furthermore, both parties indicated a willingness to settle the dispute at the earliest opportunity, leading the court to renotify the case for further proceedings.
Merck Kgaa v.Bharat Patel
Merck Kgaa successfully secured an ex parte ad interim injunction against Bharat Patel in the Delhi High Court. The court found that Merck's trademark 'MERCK' is well-known and granted immediate relief, preventing the defendant from using any confusingly similar marks or names. This ruling underscores the strong protection afforded to established, globally recognized trademarks under Indian law.
Sun Pharma Laboratories Limited v.Jyotiben Hareshbhai Chovatiya and Ors.
The Plaintiff sought permission to add several associated entities (Defendants No. 4 to 6) as party defendants, alleging they were involved in dealing with goods bearing an impugned trade mark 'NEUROGABA'. The Court found that these parties were necessary and proper for the adjudication of the matter.
Himalaya Global Holdings Ltd & Anr. v.Ms Ab Allcare Herbal & Ors.
The Delhi High Court granted crucial interim relief in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Ms Ab Allcare Herbal & Ors. The court allowed the plaintiffs to proceed with seizing alleged infringing products using Local Commissioners. Furthermore, it permitted the commissioners to inspect defendants' books of accounts and stock registers related to the disputed goods. This order significantly advances the plaintiff's case for permanent injunction regarding the 'Liv.52' trademark and Himalaya's distinctive trade dress.
Sun Pharma Laboratories Ltd v.Resolute Healthcare & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Sun Pharma Laboratories Ltd against Resolute Healthcare & Ors. The court found that the defendant's mark, 'TRYGABA', is deceptively similar to the plaintiff's registered trademark, 'TRIGABANTIN'. Given that both products treat neuropathic pain and the similarity was intentional (truncation), the court restrained the defendants from manufacturing or selling the infringing product until further notice. The injunction allows the defendants a grace period of three months to exhaust their current stock.
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