Pharma — India Trademark Cases
454 decisions indexed
Page 8 of 16 · 454 total
Glaxosmithkline Pharmaceuticals Ltd. v.Akums Drugs And Pharmaceuticals Limited & Anr.
The Delhi High Court disposed of the trademark infringement suit between Glaxosmithkline Pharmaceuticals Ltd. and Akums Drugs And Pharmaceuticals Limited through a comprehensive settlement agreement. The court mandated that the defendants clear all existing stock of the disputed drugs within 90 days, ensuring no further sales under the impugned mark. Furthermore, Defendant No. 1 committed to withdrawing several trademark applications and initiating the cancellation of the core registration (No. 5054226) within four weeks.
Alkem Laboratories Ltd v.Ch V Pulla Rao
Alkem Laboratories Ltd filed a petition alleging that Ch V Pulla Rao was willfully disobeying a settlement agreement by using the deceptively similar trademark "A VITA Z" against Alkem's mark, "A to Z". The petitioner presented photographic evidence of the alleged infringement. The respondent denied the allegations and stated they were not using the infringing mark. The court noted that the respondent's counter affidavit was missing and listed the matter for further hearing.
Laboratoires Griffon Private Limited v.Pinaki Chunilal Bhattacharya
The Bombay High Court granted an ad-interim injunction in favor of Laboratoires Griffon Private Limited against Pinaki Chunilal Bhattacharya. The suit involved claims of trademark infringement and passing off concerning the pharmaceutical brand 'GLIMET'. The court found that the impugned mark 'DLYMET' was deceptively similar to the plaintiffs' registered mark, especially since both were intended for medicinal preparations. Given the strong prima facie case and the risk of irreparable injury, the court ordered a temporary restraint on the defendant's use of the disputed mark.
Zydus Wellness Products Limited v.M/S Arihant Remedies & Anr.
The Delhi High Court confirmed the existing ad-interim injunction in favor of Zydus Wellness Products Limited against M/S Arihant Remedies & Anr. The court found that the defendant's product was prima facie deceptively similar to the plaintiff's registered trademark and trade dress, despite arguments regarding ownership transfer and territorial jurisdiction. This ruling reinforces the protection afforded to established brands through both trademark law and passing off principles.
M/S Maan Pharmaceuticals Ltd. v.M/S Mindwave Healthcare Pvt. Ltd.
The Delhi High Court dismissed M/S Maan Pharmaceuticals Ltd.'s appeal, upholding a Commercial Court order that restrained Maan from using the trademark 'BUPROEX'. The court found that Mindwave Healthcare was the registered proprietor of the mark and that evidence suggested Maan acted as a third-party manufacturer or contract manufacturer. This ruling reinforces the principle that registration rights hold significant weight against claims of prior use by manufacturers, especially when correspondence supports the relationship.
Sun Pharma Laboratories Limited v.Vatave Health Care And Anr.
The Bombay High Court extended the existing ex-parte ad-interim orders in favor of Sun Pharma Laboratories Limited against Vatave Health Care. The court noted that despite being served, Defendants 1 and 2 continued to remain absent from the proceedings. Consequently, the interim relief granted for trademark infringement and passing off was maintained until further orders, allowing the Plaintiff time to proceed with their case.
M/S Vee Excel Drugs & Pharmaceuticals (P) Ltd. v.Union Of India & Others
The Delhi High Court dismissed the petition filed by M/S Vee Excel Drugs & Pharmaceuticals challenging an IPAB order that directed the cancellation of its registered trademark 'VEGA ASIA'. The court upheld the IPAB's finding regarding prior use by the respondent, noting that while the petitioner argued for earlier adoption and assignment rights, the evidence presented by the respondent was sufficient to establish their claim of user since 2001. This ruling underscores the strict adherence required when challenging rectification orders before a High Court.
Sun Pharmaceutical Industries Ltd v.Protrition Products Llp & Ors.
The Delhi High Court granted an interim injunction in favor of Sun Pharmaceutical Industries Ltd against Protrition Products Llp & Ors. The court found that despite having registrations in unrelated classes (29 and 30), the defendants were using deceptively similar marks, such as ABBZORB NUTRITION, for goods like whey protein which fall within the plaintiff's registered Class 5 pharmaceutical category. The judgment emphasized that once a defendant is aware of an existing mark, they must exercise caution to avoid infringement in related classes and goods.
M/S Torque Pharmaceuticals Private Limited v.M/S Conset Pharma Private Limited & Ors.
The Delhi High Court granted an ex-parte interim injunction in favor of Torque Pharmaceuticals against Conset Pharma. The dispute centered on the alleged infringement and passing off related to the pharmaceutical product HEMOPLUS. The court found that the Plaintiff had made out a prima facie case, noting the deceptive similarity between 'HEMOPLUS' and the Defendants' trademark 'CONSET HEEMOPULS,' particularly given the low threshold for confusion in the pharmaceutical sector. This immediate relief prevents the Defendants from continuing to manufacture or sell similar products until the final hearing.
Sun Pharmaceutical Industries Ltd v.Jimsun Life Sciences P. Ltd & Anr.
The Delhi High Court allowed a petition filed by Sun Pharmaceutical Industries Ltd seeking the cancellation of the trademark 'JIMSUN' held by Jimsun Life Sciences P. Ltd. The court granted the relief based on a settlement reached between the parties, where Respondent No. 1 agreed to have no objection to the cancellation. This order effectively cleared the path for the Petitioner to remove the disputed mark from the registry.
Disruptive Health Solutions Private Limited v.Registrar Of Trade Marks
The Delhi High Court overturned a rejection of the trademark 'HEALTHSKOOL' by the Registrar, which had deemed it descriptive under Section 9(1)(b) of the Trade Marks Act. The court recognized that despite some indicia related to health, the mark was sufficiently distinctive given its long-standing use since 2015 and existing registrations in various classes. Consequently, the application was allowed to proceed for advertisement, albeit with a caveat preventing exclusive rights over the generic term 'Health'.
Alkem Laboratories Ltd. v.Eris Health Care Pvt. Ltd. & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Alkem Laboratories against Eris Health Care regarding the alleged misuse of 'GEMCAL' and 'GEMCAL PLUS' trademarks and associated packaging. The court observed that the defendants agreed to change their marks from 'DE-CAL GEM' to 'DECAL PLUS' (and similar changes for 'PLUS'). After reviewing the proposed new artwork, the court allowed the adoption of the revised designs while permanently restraining the defendants from using any mark or packaging deceptively similar to Alkem’s original trademarks and presentation.
Khandelwal Laboratories P Ltd v.Nava Healthcare P Ltd
The Delhi High Court formally recorded an amicable settlement between Khandelwal Laboratories P Ltd and Nava Healthcare P Ltd regarding trademark infringement. The Defendant, Nava Healthcare, acknowledged the Plaintiff's exclusive rights in 'KHANDELWAL' and 'KLAB' logos used for pharmaceutical products. As part of the settlement, the Defendant agreed to a permanent injunction, ceased using the marks, committed to disposing of existing stock by specific deadlines, and agreed to pay outstanding liabilities totaling over Rs 1.51 crores.
Sun Pharmaceutical Industries Ltd v.Dwd Pharmaceuticals Ltd
The Delhi High Court granted an interim injunction favoring Sun Pharmaceutical Industries Ltd against Dwd Pharmaceuticals Ltd. The court found that the Defendant's use of the deceptively similar trademark 'FOLZEST' infringed upon the Plaintiff's registered mark 'FORZEST'. Recognizing the potential for irreparable harm, the court restrained the defendant from selling or manufacturing the infringing product until further hearing. Furthermore, a Local Commissioner was appointed to inspect and seize all medicines bearing the impugned mark.
Makind Pharma Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed Makind Pharma Limited's appeal against the rejection of its trade mark application for "DON'T WORRY" in Class 3. The court held that, given the Appellant's existing registrations of the mark across various classes, the refusal based solely on lack of distinctiveness was unwarranted. The application was permitted to proceed for advertisement before acceptance, provided it is associated with the registered trademark 'MANKIND'S DON'T WORRY', and no exclusive rights are granted in the words 'DON'T' or 'WORRY' alone.
Sun Pharmaceutical Industries Limited v.Mackedos Pharmaceuticals Ltd.
In this trademark infringement suit, Sun Pharmaceutical Industries Limited sought a permanent injunction against Mackedos Pharmaceuticals Ltd. regarding the use of the mark 'OFLOMAC.' The court noted that the matter was previously stayed pending an IPAB order which ultimately favored the Plaintiff by ordering the removal of the Defendant's mark due to deceptive similarity with 'OFRAMAX.' However, given conflicting statements made by counsel before the Bombay High Court regarding the continuation of the suit, the Delhi High Court decided not to rule on the procedural dispute and instead issued notice for the Defendant to file a reply.
Lilly Icos Llc v.Vivek Pharmachem And Anr.
The dispute between Lilly Icos Llc and Vivek Pharmachem was amicably resolved through mediation before the Delhi High Court. The parties executed a settlement agreement where they mutually acknowledged each other's respective trademarks, 'CIALIS' and 'ZYDALIS'. Crucially, Defendant No. 2 agreed not to use any mark with the suffix 'ALIS' for erectile dysfunction drugs, while Plaintiff agreed to withdraw an opposition against ZYDALIS. The court subsequently decreed the suit against Defendant No. 2 based on these settlement terms.
Sun Pharmaceutical Industries Ltd. v.M S Sunmarker Pharmaceuticals & Anr
In a dispute over trademark infringement and passing off, Sun Pharmaceutical Industries Ltd. successfully reached a comprehensive settlement with M S Sunmarker Pharmaceuticals & Anr before the Delhi High Court. The parties jointly filed an application under Order XXIII Rule 3 CPC, leading to a decree that formally acknowledged Sun Pharma's rights in 'SUN' and 'SUN PHARMA'. Under the terms of the agreement, the Defendants agreed to cease using the infringing mark, destroy related materials, and withdraw their trademark application.
Saga Lifesciences Limited v.Aristo Pharmaceuticals Pvt. Ltd.
In a trademark infringement suit concerning the brand 'ULTRAMOL', the Delhi High Court recognized Saga Lifesciences Limited as the prior adopter and user of the mark for pharmaceutical preparations. Despite initial procedural applications being disposed of, the court appointed a Local Commissioner to inspect the premises of Aristo Pharmaceuticals Pvt. Ltd. The commissioner is tasked with inventorying products bearing both 'ULTRAMOL' and 'ARISTO ULTRAMOL', and critically, examining the sales accounts of the defendant to assess the scope of alleged infringement.
Sanofi India Limited v.Ridley Life Science Private Limited
Sanofi India Limited filed a suit against Ridley Life Science Private Limited alleging continuous violation of an earlier injunction order, specifically regarding the sale of products under the marks 'CONCIFLAM' and 'CORIFLAM'. The Plaintiff claimed that these infringing products were being sold despite the May 2021 restraint on using marks similar to its registered trademark 'COMBIFLAM'. The court noted the defendant's history of alleged habitual infringement in pharmaceutical preparations. Consequently, the court directed the defendant to submit detailed sales figures and imposed a significant deposit amount due to the persistent violations.
Mankind Pharma Limited v.Nisekind Pharma Private Limited
The Delhi High Court granted an ex-parte ad interim injunction in favor of Mankind Pharma Limited against Nisekind Pharma Private Limited. The court found that Mankind, a major player in the Indian pharmaceutical industry, had established a prima facie case regarding trademark infringement. The ruling specifically restrained the defendant from using the name 'NISEKIND PHARMA PRIVATE LIMITED' and any similar mark containing the word element KIND for medicinal preparations, citing potential consumer confusion and dilution of Mankind's well-known marks.
Surge Biotech Pvt Ltd v.Surge Pharmaceuticals Pvt Ltd
The Gujarat High Court disposed of an Appeal from Order in a trademark dispute between Surge Biotech Pvt Ltd and Surge Pharmaceuticals Pvt Ltd. Due to mutual consensus between both parties, the court quashed the previous order passed by the trial court regarding Exh.5 application. The case has been remanded back to the trial court to decide the matter afresh, ensuring both sides are given an opportunity to present their arguments.
Sun Pharmaceutical Industries Ltd v.Daxia Healthcare & Ors.
In a trademark infringement suit concerning the product SILODAX-8 D, the Delhi High Court directed both parties toward mediation. The defendants agreed not to manufacture or sell further stock of the infringing product while also committing to provide details of all products manufactured and sold to date. This order signals a judicial preference for alternative dispute resolution in complex IP disputes.
Lyka Labs Limited v.Lyka Biotech Private Limited
The petitioner, Lyka Labs Limited, filed an Interim Application against Lyka Biotech Private Limited for infringement of its trademark 'LYKA' and passing off. The court accepted the defendant's statement that it had discontinued using the impugned mark and domain name. Consequently, the court passed a temporary injunction restraining the respondent from using similar marks in relation to pharmaceutical products.
GLAXO GROUP LIMITED AND OTHERS v.RAJIV MUKUL AND ANR.
This Delhi High Court order addresses an execution petition filed by Glaxo Group Limited seeking enforcement of a prior decree. The core issue is the alleged infringement and passing off committed by the judgment debtors who began selling products under the deceptively similar trade name 'BETNEVIN'. Although the original suit covered various trademarks, the petitioners argued that their rights in 'BETNOVATE' and 'BETNESOL' were encompassed within the general scope of the decree. The Court directed notice to the defendants regarding this new alleged infringement, setting the stage for further litigation.
Sun Pharma Laboratories Limited v.Walpar Healthcare And Anr.
Sun Pharma Laboratories Limited filed an Interim Application against Walpar Healthcare & Anr. alleging passing off and trademark infringement concerning their respective marks, DUZELA and DIZELA. The court found a case made out for granting ad-interim relief based on the findings of the previous order.
Himalaya Wellness Company & Ors. v.Elder Labs Limited & Anr.
The dispute between Himalaya Wellness Company and Elder Labs Limited was resolved through mediation, leading to a comprehensive settlement agreement accepted by the Delhi High Court. The defendants acknowledged the plaintiffs' rights in trademarks like 'Liv.52' and 'HIMALAYA', as well as their trade dress (orange and green color combination). In exchange for discontinuing infringing activities and paying damages of Rs. 3,00,000/-, the suit was decreed based on the settlement terms.
M/S Esme Consumer Private Limited v.M/S Prass Naturaceutical Pvt Ltd
The Delhi High Court granted an interim injunction in favor of M/S Esme Consumer Private Limited against M/S Prass Naturaceutical Pvt Ltd. The court found that the defendant's adoption of the mark 'NATURASSENCE' was closely identical and deceptively similar to the plaintiff's registered trademarks, including 'NATURE'S ESSENCE'. Given the prima facie case made by the plaintiff regarding goodwill and reputation, the court restrained the defendant from using any confusingly similar marks or trade dress until further hearing.
Dr Ashim Kumar Biswas v.A To Z Pharmaceuticals And Laboratory & Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Ashim Kumar Biswas against A To Z Pharmaceuticals for trademark infringement and passing off. The court found that the defendant's product was an exact copy of the plaintiff's Ayurvedic medicine, using a deceptively similar mark ('DR. BISWASH') while also naming the plaintiff as the manufacturer. Given the clear prima facie case, balance of convenience, and risk of irreparable harm to the plaintiff's reputation, the court restrained the defendants from continuing the infringing activities until further hearing.
Dr.Reddys Laboratories Limited v.Combitic Global Caplet Pvt Ltd
In this Delhi High Court order, Dr.Reddys Laboratories Limited sought time to challenge the validity of a trademark registered by Combitic Global Caplet Pvt Ltd. The court allowed the application and granted an adjournment of three months. This procedural step allows the plaintiff to formally apply for the rectification of the defendant's trademark registration before the IP Division.
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