Pharma — India Trademark Cases
454 decisions indexed
Page 4 of 16 · 454 total
Sun Pharmaceutical Industries Ltd. v.M/S. Orison Pharmaceuticals
The Delhi High Court addressed a suit filed by Sun Pharmaceutical Industries Ltd. against M/S. Orison Pharmaceuticals concerning alleged trademark infringement and passing off of marks like 'REVITAL' and 'CEROXIM'. Despite the plaintiff alleging deceptive similarity in the defendant's marks ('ORIVITAL' and 'OXIM'), both parties expressed interest in exploring a settlement. Consequently, the Court referred the matter to the Delhi High Court Mediation and Conciliation Centre for resolution.
M/S Rspl Health Private Limited v.Mittal Industrial Corporation & Anr
The Delhi High Court addressed several applications in the trademark dispute between M/S Rspl Health Private Limited and Mittal Industrial Corporation & Anr. While procedural matters like exemption from certified copies were granted, the core petition seeking removal or rectification of the impugned trademark 'SAGAR SUPREME LABEL' was advanced. The court accepted notice and directed all parties to file their replies within specified timelines, setting the stage for a substantive hearing on the alleged deceptive similarity.
Shri Kirit Bhadiadra v.Wings Pharmaceuticals Pvt. Ltd.
The Delhi High Court allowed Wings Pharmaceuticals Pvt. Ltd. (the respondent) to introduce a recent trademark registration certificate for 'MEDILICE' into the ongoing litigation. Although the original suit concerned infringement and passing off, the court recognized that the new Class 5 registration could bear on the disputes between the parties. This order allows the introduction of evidence relating to the mark's expanded scope, while preserving the rights of the appellant.
Fdc Limited v.Zaventis Healthcare Private Limited
The Delhi High Court granted an interim injunction in favor of Fdc Limited against Zaventis Healthcare Private Limited. The plaintiff successfully argued that the defendant's adoption of the mark 'ZIFISAFE' for identical pharmaceutical products constitutes a blatant attempt to capitalize on the established reputation and goodwill of the plaintiff's registered trademark, 'ZIFI'. Citing prima facie evidence and irreparable harm, the court restrained the defendant from using the infringing mark until the final hearing.
Sanofi India Limited v.Bullford Wold Limited & Anr.
The Gujarat High Court disposed of a Rectification Application filed by Sanofi India Limited, accepting its request to withdraw it. This withdrawal was based on a favorable judgment previously delivered by the Delhi High Court in a related infringement suit. The Delhi court had decreed the case, mandating that Bullford Wold cease manufacturing and selling products under the impugned trademark 'CANIFLAM' and take steps to surrender the trademark registration.
Pfizer Products Inv. v.Cadila Pharmaceuticals Limited & Anr.
The Gujarat High Court disposed of a Rectification Application filed by Pfizer Products Inv. against Cadila Pharmaceuticals Limited & Anr. The court noted that the respondents had withdrawn their trademark registration application, rendering the original dispute moot and infructuous. Consequently, the application was dismissed.
Emami Ltd. v.Dabur India Ltd.
The Delhi High Court addressed a petition filed by Emami Ltd. seeking the rectification and removal of the trademark 'CHYAWANPRASAD' registered in favor of Dabur India Ltd. The petitioner argued that the respondent was not using the mark, engaging in what they termed 'ghost registration.' Although the respondent initially conceded non-use, the court directed Dabur to immediately initiate the process for cancellation of the mark from the Trade Mark Registry, effectively favoring Emami's claim regarding the mark's validity and use.
Dr. Reddys Laboratories Limited v.Zentech Pharmaceuticals And Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Reddys Laboratories Limited against Zentech Pharmaceuticals And Anr. The court found a prima facie case for infringement and passing off, noting that the defendant adopted a phonetically similar trademark (ZEEDUX) and copied the entire trade dress and color scheme of the plaintiff's well-known brand (ZEDEX). This order temporarily restrains the defendants from manufacturing or using the infringing product while the main suit proceeds.
Glenmark Pharmaceuticals Ltd. v.Mrs. Karlin Pharmaceuticals & Exports Private Limited
The Madras High Court ruled in favor of Glenmark Pharmaceuticals, setting aside the trademark registration of 'CANDEX-B'. The court found that despite the respondent's claim of prior use, there was a clear likelihood of deception or confusion between the appellant's established mark 'CANDID' and 'CANDEX-B', especially given their use in dermatological pharmaceutical products. This decision reinforces the principle that consumer protection against confusion takes precedence over claims of concurrent use when marks are highly similar.
Zuventus Healthcare Limited v.Zaventis Health Care Private Limited
The Delhi High Court granted an interim injunction in favor of Zuventus Healthcare Limited against Zaventis Health Care Private Limited. The court found that the defendant's mark, 'ZAVENTIS HEALTH CARE,' was visually, structurally, and phonetically similar to the plaintiff's registered trademark 'ZUVENTUS,' leading to a prima facie case of infringement and passing off. This order allows the suit to proceed while restraining the defendant from using any deceptively similar branding in relation to pharmaceutical products.
Abbott Products Operations Ag v.Mr. Muheen Khan & Anr.
The Delhi High Court allowed the petition filed by Abbott Products Operations Ag to cancel the trademark registration 'DUFAKWIK' (No. 4459400) in Class 05. The cancellation was achieved through a mutual agreement, as both parties agreed that the mark should be removed from the Register without any claim for damages. This order provides a clear example of how IP disputes can be resolved efficiently through negotiated settlements before the court.
Sun Pharma Laboratories Ltd. v.Microcosm Pharma & Ors.
In a trademark infringement suit, Sun Pharma Laboratories Ltd. filed a claim against Microcosm Pharma regarding the alleged deceptive similarity between its registered mark 'PEGMOVE' and the defendant's mark 'PEG-MU'. During court proceedings, the proprietor of Defendant No. 1 voluntarily offered to discontinue the use of the impugned mark and undertake not to adopt any similar marks. While the suit continues for formal registration and issue framing, this offer suggests a potential path toward an amicable resolution.
Cipla Limited v.Bioxen Health Care & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Cipla Limited against Bioxen Health Care & Anr. regarding the use of deceptively similar trademarks for respiratory medicinal products. The court found that Cipla had established a prima facie case based on its registered marks ('BUDECORT' and 'RESPULES') and extensive market presence. Consequently, the defendants were immediately restrained from manufacturing or selling goods under names like 'BUDECOT RESPULES,' while also being required to disclose their sales figures and current stock.
Macleods Pharmaceuticals Limited v.Ridley Life Science Pvt. Ltd.
The Delhi High Court dismissed the defendant's attempt to reopen evidence regarding costs and damages in a trademark infringement suit. The court noted the defendant's history of 'abysmal conduct,' including being a 'habitual offender/rank infringer' who repeatedly infringes third-party products. Given that the defendant had ample opportunity to present their case previously, the court found the late application was not bona fide and aimed only at delay.
Sun Pharma Laboratories Ltd. v.Perilla Life Science P. Ltd & Anr.
Sun Pharma Laboratories sought the cancellation of the trademark 'G-VER,' registered by Perilla Life Science P. Ltd, alleging contravention of the Trade Marks Act. Although Sun Pharma raised grounds based on Sections 9, 11, and 18 of the Act, the court noted that Respondent No. 1's counsel stated her client had discontinued use of the mark and had no objection to its cancellation. Consequently, the Delhi High Court disposed of the petition with a direction compelling the respondent to file the formal application for trademark cancellation.
Dr. Reddys Laboratories Limited v.Zeelab Pharmacy Pvt Ltd
The Delhi High Court granted an ex-parte ad interim injunction in favor of Dr. Reddys Laboratories Limited against Zeelab Pharmacy Pvt Ltd. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'OMEZEE' and 'OMEZEE-DM' for pharmaceutical products similar to the plaintiff's established mark 'OMEZ'. This immediate relief prevents the defendant from continuing manufacturing or marketing the infringing products until the full trial.
Mankind Pharma Ltd. v.Gurinder Singh
The Delhi High Court allowed Mankind Pharma Ltd.'s petition seeking the cancellation of a competing trademark registered by Gurinder Singh. The court held that due to Mankind's long-standing use and established goodwill, its marks (including 'MANKIND' and the 'KIND' family) had acquired well-known status. Consequently, the registration of the impugned mark was deemed violative of Sections 11(1) and 11(2) of the Trademarks Act, leading to its removal from the register.
Wellcon Animal Health Pvt Ltd v.M/S. Welldorf Labs & Ors.
In a significant development for trademark disputes, the Delhi High Court allowed Wellcon Animal Health Pvt Ltd to proceed with its petition seeking rectification of the mark 'APTIFAST'. The court accepted the respondent's instruction to voluntarily withdraw the registered trademark. Consequently, the petitioner's case was disposed of on the condition that the respondents formally file an application for withdrawal within three weeks, ensuring the mark is struck off the register.
Franco Indian Pharmaceuticals Pvt. Ltd. v.Corona Remedies Pvt. Ltd.
The Bombay High Court addressed a trademark infringement suit filed by Franco Indian Pharmaceuticals against Corona Remedies concerning the marks STIMULIV and STIMULET. The core dispute involved the validity of the Defendant's trademark registration, which the Plaintiff challenged. Satisfied that the plea regarding invalidity was prima facie tenable, the court framed an issue on this matter and adjourned the suit for further proceedings.
Mankind Pharma Limited v.Manking Pharmaceutical Private Limited & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Mankind Pharma Limited against Manking Pharmaceutical Private Limited. The court found a prima facie case based on the phonetic similarity between the 'MANKIND' mark and the defendant's adopted variations, as well as the use of a deceptively similar logo device. Furthermore, the plaintiff highlighted suspicious corporate links, suggesting the defendant was incorporated by an ex-employee to dishonestly adopt the protected brand identity.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Indi Pharma Pvt Ltd v.The Registrar of Trade Marks & Anr.
The Bombay High Court addressed a petition filed by Indi Pharma Pvt Ltd seeking the restoration and renewal of its trademark 'VOMISET' (No. 711095). The court directed the Registrar of Trade Marks to restore the trademark within three weeks, allowing the petitioner to subsequently apply for renewal. Furthermore, the judgment emphasized that parties should pursue departmental remedies based on established legal precedents, rather than resorting to litigation against the Registrar.
Apex Formulations Pvt. Ltd. v.Apex Laboratories P.Ltd.
The Madras High Court dismissed a Transfer Original Petition filed by Apex Formulations Pvt. Ltd against Apex Laboratories P.Ltd. The petition, which sought the removal or rectification of a trademark registration (No. 343270) in Class 5, was withdrawn by the petitioner. This dismissal confirms that the parties had reached a compromise in an earlier case (C.S.No.614 of 1998), and the terms of that settlement remain binding.
Bhargava Phytolab Private Limited v.Ldd Bioscience Private Limited
The Delhi High Court granted an interlocutory injunction in favor of Bhargava Phytolab Private Limited against Ldd Bioscience Private Limited regarding trademark infringement. The court found that the defendant's use of 'TUMOTIN' was deceptively similar to the plaintiff's registered mark 'TUMORIN,' leading to a prima facie case for infringement under Section 29 of the Trade Marks Act. While the injunction restricts future use, the parties were also directed to mediation to amicably resolve the dispute.
Visakha Chemicals v.Bindal Food Products
The Delhi High Court ruled in favor of Visakha Chemicals against Bindal Food Products for trademark infringement and passing off related to Ayurvedic products. The Plaintiff successfully demonstrated prior usage and established significant goodwill for their trademarks 'ROCHAK' and 'AM PACHAN,' as well as the associated trade dress/packaging, which were deceptively copied by the Defendant. Consequently, the court granted a permanent injunction restraining the Defendant from using these marks and awarded nominal damages.
Sun Pharma Laboratories Limited v.Narender Kumar & Ors.
The Delhi High Court upheld the existing interim injunction in favor of Sun Pharma Laboratories Limited against Narender Kumar & Ors. The dispute centered on alleged passing off, where the defendant used the mark 'CAFTADAY' for an eye drop containing the compound ALCAFTADINE, deceptively similar to the plaintiff's mark 'CAFTA'. Despite arguments from the defense regarding generic drug naming conventions and INNs, the Court found that the plaintiff had satisfied the triple test for passing off. Consequently, the injunction was maintained, preventing the defendants from using the impugned mark during the pendency of the suit.
Mankind Pharma Limited v.Passiflora Pharmaceuticals
Mankind Pharma Limited filed a suit seeking permanent injunction against Passiflora Pharmaceuticals, alleging trademark infringement of its registered mark 'FLORA' in the pharmaceutical sector. The court addressed several interlocutory applications, including granting exemption from pre-institution mediation and setting timelines for filing replies to the injunction application (Order XXXIX Rule 1 & 2 CPC). The proceedings are moving forward with standard civil procedure steps, indicating an active dispute over brand reputation and market goodwill.
Novartis Ag & Anr. v.Medisave Formulations India Llp
The Delhi High Court granted interim relief in the trademark infringement suit filed by Novartis against Medisave Formulations. Recognizing the urgent nature of the case, the court exempted the plaintiffs from standard procedural requirements like advance service and pre-institution mediation. Crucially, the court appointed a Local Commissioner to conduct a search at the defendant's premises, seize infringing products bearing the mark 'ZYMADA', and inspect relevant financial documents, finding prima facie evidence of deceptive similarity between the marks and packaging.
Novartis Ag & Ors. v.Noviets Pharma & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement dispute between Novartis Ag & Ors. and Noviets Pharma & Ors. The court allowed the plaintiffs to file additional documents and granted an exemption from mandatory pre-suit mediation. Crucially, the court formally registered the plaint as a suit, setting out detailed procedural timelines for filing written statements, replications, and affidavits of admission/denial, while also addressing the preliminary injunction application seeking restraint against trademark infringement.
Rexcin Pharmaceuticals Private Limited v.The Registrar of Trade Marks
The Madras High Court intervened in a protracted dispute involving the renewal of the trademark 'GENTALENE.' The petitioner sought relief against the Registrar, who had refused renewal citing statutory limitation. The court found that the Trade Marks Registry's own extreme delay—taking over 32 years to issue the registration certificate despite multiple assignments and opposition dismissals—rendered its insistence on strict adherence to limitation rules unjust. Consequently, the High Court directed the Registry to accept the renewal application, effectively overriding the procedural lapse caused by administrative inaction.
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