Pharma — India Trademark Cases
454 decisions indexed
Page 7 of 16 · 454 total
Dwd Pharmaceuticals Limited v.Sun Pharmaceutical Industries Limited
The Delhi High Court addressed an application by Sun Pharmaceutical Industries seeking permission to cancel the trademarks 'ZEST' and 'FERIZEST' registered by Dwd Pharmaceuticals Limited. The court dismissed the request concerning 'ZEST', citing principles of acquiescence, noting that the plaintiff had previously relied on similar marks containing 'ZEST'. However, the court issued notice for the cancellation petition regarding 'FERIZEST', allowing the litigation to proceed on that mark.
Dr.Reddy S Laboratories Ltd v.Ancalima Lifesciences Limited And Ors
The Delhi High Court addressed an application seeking to frame additional issues and consolidate a related trademark rectification petition into the ongoing passing off suit. The court noted that since the challenge to the defendant's trademark validity was already pending in a separate rectification case, there was no need to frame new issues in the current suit. Consequently, the court ordered the consolidation of the rectification petition with the present suit to ensure unified trial proceedings before the Joint Registrar.
J. B. Chemicals And Pharmaceuticals Ltd v.Mahendra Singh And Anr
The Delhi High Court granted an interim injunction in favor of J. B. Chemicals And Pharmaceuticals Ltd against Mahendra Singh and Anr regarding trademark infringement. The Plaintiff, owner of the 'BIZFER' marks for pharmaceutical products, successfully argued that the Defendants' use of the similar mark 'VIZFER' constituted deceptive similarity. Given the potential negative ramifications for public health and safety due to the alleged unauthorized use in the pharma sector, the court restrained the Defendants from manufacturing or marketing the impugned mark until further hearing.
Nivaran Herbal Pvt. Ltd. v.Registrar of Trademarks
The Madras High Court allowed a petition filed by Nivaran Herbal Pvt. Ltd. seeking the removal of the trademark 'KHANSI NIVAARAN' (Registration No. 1740206). The court found that the cancellation was mandated by a prior compromise order reached between the parties in C.S.No.644/2011. Consequently, the Registrar of Trademarks was directed to take all necessary steps to expunge the mark from the register.
M/s Vets Farma Ltd. v.Vest Pharma Pvt. Ltd.
The Punjab-Haryana High Court dismissed the review application filed by M/s Vets Farma Ltd. The court clarified that while statutory provisions may restrict registration until a competent court determines rights, this does not bar the Civil Court from admitting assignment deeds into evidence to examine their validity and enforceability during litigation. The judgment underscores the plenary jurisdiction of civil courts in resolving complex trademark disputes involving assignments.
Mankind Pharma Limited v.Arvind Kumar Trading And Anr.
The Delhi High Court allowed Mankind Pharma Limited's petition seeking the removal of the trademark 'NIKIND'. The court found that 'NIKIND' was confusingly similar to the petitioner's established family of marks, including 'NIMEKIND', and that its registration should be cancelled under Section 57 of the Trademarks Act. Furthermore, the judgment noted a lack of bonafide use and continuous non-use of the impugned mark for five years, leading to its removal under Section 47.
Zydus Healthcare Ltd v.Shahid Ahmad Mir
In a significant resolution for the pharmaceutical sector, Zydus Healthcare Ltd successfully concluded its dispute with Shahid Ahmad Mir through a comprehensive settlement decree. The parties agreed that Defendant would cease all use of marks or packaging deceptively similar to 'PROTIMED.' Crucially, the defendant formally transferred all rights and goodwill associated with the registered trademark 'PROTIMED' (No. 2159273) to Zydus for a consideration of Rs. 5,00,000, effectively resolving the infringement claim.
Leeford Healthcare Limited v.Vobb Healthcare & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Leeford Healthcare Limited against Vobb Healthcare & Ors. The court found a prima facie case of trademark infringement and passing off, specifically concerning the medicinal cream brand 'DERMIFORD.' Given that the goods are pharmaceutical and the defendants had recently entered the market, the court held that Leeford would suffer grave injury without immediate protection. This order temporarily halts the defendants from using deceptively similar marks like 'NEO DERMIFORD' until further orders.
M/s Rockmed Pharma Pvt. Ltd. v.M/s Nukind Healthcare & Anr.
The suit was filed under Section 27 of the Trade Mark Act against M/s Nukind Healthcare and others, alleging that they were passing off pharmaceutical products under the identical trademark 'KETOGOLD'. The plaintiff established extensive use, goodwill, and reputation of the mark. The court decreed the suit in favor of the plaintiff.
Sun Pharma Laboratories Ltd v.Nuberg Pharmaceuticals Pvt. Ltd.
Sun Pharma and Nuberg Pharmaceuticals reached a full settlement in their commercial IP dispute before the Delhi High Court. The court formally decreed the suit based on the agreed-upon terms, which included significant concessions from both parties. Furthermore, the judgment mandated that Respondent No. 2 remove a specific trademark entry (No. 3797651) from the Register of Trademarks within six weeks.
Modi-Mundipharma Pvt. Ltd. & Anr. v.Win Health Pharma Through: Its Proprietor Mr. Sanjay Seth & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Modi-Mundipharma Pvt. Ltd., finding that the Defendant's use of the mark 'CARDIOCONTIN' constituted a prima facie infringement on the Plaintiffs' established 'CONTIN' series trademarks and trade dress. The court noted the extensive goodwill, high sales figures (over Rs. 2000 crores), and the likelihood of confusion caused by the identical product type and near-identical packaging. While the injunction was granted against 'CARDIOCONTIN', the issue regarding the use of the mark 'WIN' was reserved for a later hearing after notice to the Defendants.
Patanjali Ayurved Limited v.Yog Guru Ayurveda & Ors.
The Delhi High Court permitted Patanjali Ayurved Limited to amend its plaint in a trademark infringement suit against Yog Guru Ayurveda & Ors. The court found that the proposed amendments were procedural, correcting inadvertent errors and clarifying the scope of the claims without altering the substance or prejudice to the defendants. This allows the core dispute regarding alleged trademark infringement and passing off to proceed with more precise pleadings.
Smithkline Beecham Limited v.Gskfinancial.Com & Ors.
In this Delhi High Court order, Smithkline Beecham Limited sought relief against rogue websites operating under similar domains like gskfinancial.com. The plaintiff alleged that these sites were fraudulently collecting money from the public while incorporating its corporate identity and trademarks (GSK). The court issued extensive interim directions, including permanent injunctions against trademark infringement, restraints on domain name registration, and specific orders to block access to fraudulent websites and freeze associated bank accounts.
Laboratoires Expanscience v.Seagull Pharmaceuticals Pvt Ltd
The Delhi High Court allowed a petition filed by Laboratoires Expanscience seeking the rectification of the trademark register. The plaintiff argued that the defendant's registration of the word mark 'MUSTELA' in Class 5 (pharmaceutical preparations) infringed upon its own prior, registered rights in Class 3 (non-medicated skin care). Crucially, the respondent agreed to relinquish the mark and cooperate with its deletion. Consequently, the Court directed the removal of the impugned registration, rectifying the register accordingly.
Glaxo Group Limited v.Maiden Pharmaceuticals Limited
The Delhi High Court addressed an application seeking interim injunctive relief regarding trademark infringement in the pharmaceutical sector. The court found prima facie substance in Glaxo Group Limited's claim against Maiden Pharmaceuticals Limited concerning the marks BETNOMAID and MEDNOVATE, ruling that these were deceptively similar to the plaintiff's registered trademarks (BETNESOL/BETNOVATE). Consequently, an injunction was granted restraining the defendant from using these specific marks pending the final suit. However, the court declined to grant an injunction against the mark BETASON.
Seagull Pharmaceuticals Pvt. Ltd. v.Uni-Pex Pharmaceuticals Pvt. Ltd. & Anr
In this trademark dispute before the Delhi High Court, the Defendants successfully moved an application to expedite the proceedings. The court allowed the request for early hearing on applications concerning interim injunctions and the preliminary issue regarding the invalidity of the Plaintiff's trademark registration. Consequently, the next hearing date was rescheduled.
Consitex S.A. v.Sharad Rampal Jain And Sudeep Gautamchand Dhing Trading As Siesta Pharmaceuticals & 1 other(s)
The Gujarat High Court disposed of the Rectification Application (C/RA/50/2022) filed by Consitex S.A. The application sought action regarding a trademark, but the petitioner subsequently informed the court that the trademark in question had already been removed by the Registry. Consequently, the court allowed the withdrawal of the application.
Gopal Krishan S/O. Sh. Mangat Rai v.The Registrar Of Trade Marks (Govt. Of India)
This writ petition was filed by Gopal Krishan seeking a direction from the High Court to expedite the registration of his trademark 'PANTHER' in Class 5. The petitioner highlighted that the application had been pending for an extended period since 2015. The court issued notices to the respondents, setting a timeline of six weeks for the matter to be returned, thereby moving the case forward.
Corona Remedies Private Limited v.Franco-Indian Pharmaceuticals Private Limited
The Bombay High Court quashed an interim injunction that prevented Corona Remedies from using its trademark 'STIMULET' in pharmaceutical products. Franco-Indian Pharmaceuticals had alleged trade mark infringement and passing off based on their registered mark 'STIMULIV'. The court found that despite the similarity, Corona was a registered proprietor of its own mark, and crucially, the two marks were used for distinct product types (allopathic vs. ayurvedic) and different medical conditions, thus failing to establish likelihood of confusion or passing off.
Indiyaa Distribution Network LLP v.TVC Life Sciences Ltd & Anr
The Delhi High Court ruled in favor of Indiyaa Distribution Network LLP, granting a permanent injunction against TVC Life Sciences Ltd and others. The dispute centered on trademark infringement concerning Ayurvedic joint pain relief oils. The court found that the defendants' mark, 'SANDHEE SUDDHAM,' was deceptively similar to the plaintiff's established mark, 'SANDHI SUDHA.' This decision reinforces the importance of prior use and goodwill in protecting brand identity within the pharmaceutical sector.
Mr. Vivek Bhardwaj v.Mr. Gagan Bhardwaj
In this commercial suit concerning trademark infringement and passing off in the pharmaceutical sector, the Delhi High Court issued a series of orders. The court granted an interim restraint on the defendant from manufacturing or selling similar products while allowing him to liquidate his existing stock within three months. Furthermore, the parties were mandated to undergo mediation, signaling that the dispute will proceed through structured negotiation before further litigation.
Biogaia Ab v.Senior Examiner Of Trade Marks
The Delhi High Court allowed the appeal filed by Biogaia Ab against the Senior Examiner's refusal of the 'PROTECTIS' trademark for Class 5 goods (pharmaceutical products). The court found that 'PROTECTIS,' being an arbitrary term with no dictionary meaning, possesses sufficient distinctiveness and is not descriptive. Furthermore, the court noted that prior objections regarding similarity to other marks were unsustainable after reviewing their status. Consequently, the refusal was set aside, and the trademark application was directed to proceed for registration.
Anurag Saxena T/As Unique International v.Qaysa Care Private Limited
The Delhi High Court granted an interim injunction favoring the plaintiff, Anurag Saxena T/As Unique International, against Qaysa Care Private Limited. The court found that the defendant's use of 'NEW IMPROVED HAMMER OF THOR' was virtually identical to the plaintiff's registered marks and trade dress, constituting prima facie passing off and trademark infringement. This decision provides immediate protection to the plaintiff's brand while the main suit proceeds.
Sun Pharma Laboratories Ltd v.Intas Pharmaceutical Ltd & Anr.
The Delhi High Court dismissed Sun Pharma's appeal against the denial of an interim injunction concerning pharmaceutical trademarks. The court held that since both parties are generic drug manufacturers launching products after patent expiry, and given the similarity of the marks is based on active ingredients, there were no strong equities in favor of either party at this preliminary stage. Furthermore, the appellant's registered mark had not been used for over twenty-four years, which weighed against granting immediate protection.
M/s.Raymond Pharmaceuticals Pvt. Ltd. v.Union Of India
This Madras High Court judgment addressed a challenge by Raymond Pharmaceuticals Pvt. Ltd. against an order directing it to change its corporate name. The dispute centered on the use of 'Raymond,' which was claimed by another entity (Respondent 3) to be protected under trademark rights and prior incorporation dates. The court upheld the administrative decision, finding no illegality in requiring the petitioner to alter its name.
Plusplus Lifesciences Llp & Anr. v.Dr. Shiwani Singh & Ors.
Plaintiffs sought an ad-interim injunction restraining the defendants from dealing with medicines bearing marks like 'NUTRIEPIC' and 'UTTERCARE', alleging misuse of confidential information related to their multi-micronutrient supplement, 'TRIMACARE'. The court examined claims of passing off and similarity between the marks. Ultimately, the ex-parte order was vacated, but the defendants were directed to disclose sales data.
Sun Pharma Laboratories Ltd v.Intas Pharmaceuticals Limited & Anr.
The plaintiff sought an interim injunction against the defendants for alleged infringement and passing off of its medicinal goods under the marks 'SITARED' and 'SETARET', claiming similarity with the defendant's mark 'SITARA-D'. The court found that prima facie, the two marks were not phonetically or visually similar, and dismissed the application for an interim injunction.
United Biotech Private Limited v.Cipla Limited And Anr.
The Delhi High Court disposed of a petition seeking cancellation of an impugned trademark. Respondent No. 1 (Cipla Limited) assured the court that it was not using the mark, leading to the petitioner's success. The court directed the Registrar of Trade Marks to cancel the trademark and rectify the register accordingly.
Wipro Enterprises Limited v.Zydus Wellness Products Limited
Wipro Enterprises Limited filed a suit against Zydus Wellness Products Limited and others alleging passing off concerning its glucose-based chewy tablet brand, BOLTS, versus the defendants' product under the mark VOLT. The plaintiff sought permanent injunctions regarding trademark infringement, tag line similarity, and packaging get-up. While initial prayers related to the tagline and color scheme were dropped due to prior compromises, the core dispute over the 'VOLT' mark remained central. The court ultimately directed the defendants to pay costs to the plaintiff.
Gland Pharma Ltd. v.Akums Drugs And Pharmaceuticals Limited & Anr.
Gland Pharma Ltd. filed a rectification petition against Akums Drugs And Pharmaceuticals Limited, seeking cancellation of the Respondent's trademark 'CLINDIUM'. The Petitioner claims prior use and ownership of the similar mark 'CLINDUM' in pharmaceutical preparations. While the court condoned the delay in filing the petition and ordered the summoning of relevant records, it denied an immediate interim stay on the impugned trademark due to its existing registration status. The matter is now scheduled for further pleadings.
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