NOVARTIS AG & ORS. vs NOVIETS PHARMA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 + CS(COMM) 218/2024 & I.A. 24963/2025 NOVARTIS AG & ORS. .....Plaintiffs Versus NOVIETS PHARMA & ORS. .....Defendants Advocates who appeared in this case For the Plaintiffs : Mr. Hemant Singh, Ms. Mamta R. Jha, Ms. Anjeeta Rani, Ms. Pragya Jain & Mr. Aneesh Raj, Advocates. For the Defendants : Mr. Davesh Vashishtha & Ms. Akshatha Deepak, Advocates for Defendant Nos.1, 2 & 3. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J I.A. 5655/2024 1. This is an Application filed by the Plaintiffs under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”) restraining infringement of the Trade Mark, ‘NOVARTIS’ and ‘ ’ (“Plaintiffs’ Marks”), passing off, unfair competition, dilution etc. CS(COMM) 218/2024 Page 1 of 25 Signature Not Verified Signed By:NEELAM SHARMA Signing Date:28.02.2026 15:03:21 SUBMISSIONS ON BEHALF OF THE PLAINTIFFS: 2. The learned Counsel for the Plaintiffs made the following submissions: 2.1. The Plaintiffs are part of the Novartis Group of Companies. Plaintiff No. 1 is a world leader in the healthcare industry and specializes in innovation through research and development of products that improve the health and well-being of patients around the world. Plaintiff No. 2 is the Indian operating company which is a subsidiary of Plaintiff No. 1 and is engaged in the promotion, sale and distribution of products in India from its parent and its affiliates. Plaintiff No. 2 is the licensee of Plaintiff No. 1 to use the Plaintiffs’ Marks in India. Plaintiff No. 1 also markets its pharmaceutical products in India through Plaintiff No. 3 which is its fully owned subsidiary. 2.2. The Plaintiffs have been present India since 1947 when Plaintiff No. 2 was incorporated thr