IPCA LABORATORIES LIMITED vs ANROSE PHARMA

Judgment text excerpt

Digitally signed by MEERA comip-77--13.doc MEERA MAHESH MAHESH JADHAV JADHAV Date: 2026.01.05 17:05:43 IN THE HIGH COURT OF JUDICATURE AT BOMBAY +0530 ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 77 OF 2013 IPCA Laboratories Limited …Plaintiff Versus Anrose Pharma …Defendant ----- Mr. Minesh Andharia a/w Mr. Jay Shah i/b Krishna & Saurastri Associates LLP for the Plaintiff. None for the Defendant. ----- CORAM : ARIF S. DOCTOR, J. RESERVED ON : 22nd DECEMBER 2025 PRONOUNCED ON : 5th JANUARY 2026 JUDGMENT: 1. This present suit is instituted for infringement of trade mark combined with a cause of action of passing off. The Plaintiff in the present suit is a company incorporated under the Companies Act, 1913, having its registered office at the address mentioned in the cause title of the Plaint. The Plaint seeks a permanent injunction to restrain the Defendant from infringing the Plaintiff’s registered trade mark ZERODOL and from using the trade mark ZEROVOL–P (“impugned mark”) to pass off the Defendant’s goods as those of the Plaintiff. 2. It is the case of the Plaintiff that the impugned mark is deceptively similar to the Plaintiff’s registered trade mark ZERODOL and that both the marks Meera Jadhav 1/13 comip-77--13.doc are used in relation to the same goods, i.e. pain relief and/or pain management, medicinal and pharmaceutical preparations. 3. By an Order dated 29th October 2013, this Court granted ex-parte ad- interim reliefs in respect of infringement of trade mark. Thereafter, this Court, by an order dated 21 st November 2013, granted leave under Clause XIV of the Letters Patent. On 9 th December 2013, this Court confirmed the ad-interim order dated 29th October 2013 in favour of the Plaintiff. 4. Since, despite service of th