Bombay High Court · 2026-06-15
ABBOTT PRODUCTS OPERATIONS AG THROUGH TEJAL MUNDKAR vs MENSCHLICH HEALTHCARE (OPC) PRIVATE LIMITED
- Citation / case number
- COMMPL/12147/2025
- Court
- Bombay High Court
- Petitioner
- ABBOTT PRODUCTS OPERATIONS AG THROUGH TEJAL MUNDKAR
- Respondent
- MENSCHLICH HEALTHCARE (OPC) PRIVATE LIMITED
Judgment text excerpt
2. It is the Petitioner’s case that in the year 1949, the Petitioner’s predecessors-in-title, i.e., Dutch Pharmaceuticals, coined and adopted the word ‘DUPHAR’, which was an acronym for DUTCH Pharmaceuticals, i.e., ‘DU’ from ‘Dutch’ and ‘PHAR’ from ‘Pharmaceuticals’. The Petition also sets out that Dutch Pharmaceuticals and the DUPHA marks were successively adopted and owned by various entities and were finally acquired by the Petitioner from Solvay Pharmaceuticals in 2010. 3. During the course of its business, the Petitioner has adopted various trade marks containing ‘DUPHA’ as an integral part thereof, including but not limited to DUPHASTON, DUPHALAC, DUPHABEARS, DUPHALAC FIBER, DUPHAPRO, DUPHACHEWS, DUPHAACTIVE, DUPHAPLUS, DUPHAR as well as the device marks ‘ ’, ‘ 2 Meera Jadhav 5-IAL-14697-2025 ’(hereinafter referred to as ‘DUPHA Marks’). It is the Petitioner’s case that these marks have become well-known among the members of the trade and the public at large and thus constitute the ‘DUPHA family of marks’. 4. In order to secure statutory rights in the ‘DUPHA family of marks’, the Petitioner and the Petitioner’s predecessors-in-title have, over the years, applied for and sec