BLUE CROSS LABORATORIES PRIVATE LIMITED vs ALTO HEALTHCARE PRIVATE LIMITED AND ANOTHER

Judgment text excerpt

901-COMIP-520-2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 520 OF 2016 Blue Cross Laboratories Private Limited …Plaintiff Versus Alto Healthcare Private Limited & Anr. …Defendants —— Mr. Siddhant Gupta a/w. Ms. Prachi Shah, Ms. Apeksha Mehta and Ms. Rashi Thakur i/b. Mr. Vinod A. Bhagat for the Plaintiff. None for the Defendants. —— CORAM : ARIF DOCTOR, J. RESERVED ON : 8th MAY 2026 PRONOUNCED ON : 17th JUNE 2026 JUDGMENT: 1. The present Suit is instituted for infringement of the Plaintiff’s registered trade marks viz. ‘MEFTAL-SPAS’ and ‘MEFTAL’ as well as the Plaintiff’s registered and subsisting copyright in the artwork depicted on its ‘MEFTAL-SPAS’ strip and carton combined with a cause of action of passing off. 2. It is the case of the Plaintiff that the Defendants are using ‘MEFIAL-SPAS’ Page 1 of 16 Areeb 901-COMIP-520-2016 (“the impugned mark”) and the depicted artwork thereunder (“the impugned artistic work”), which is deceptively/substantially similar to the Plaintiff’s registered trade marks as well as its artwork, and such are used by the Defendants in relation to analgesic and antispasmodic preparations, both being medicinal and pharmaceutical preparations. 3. It is noted that this Court had, vide an Order dated 18th November 2015, passed an ex-parte order of ad-interim injunction against the Defendants in terms of prayer clause ‘(a)’. Thereafter, by an Order dated 30th November 2015, this Court inter-alia granted the Plaintiff : (i) leave under Clause XIV of the Letters Patent, (ii) ad-interim reliefs in terms of prayer clauses ‘(b)’ and ‘(c)’ of Notice of Motion No. 1071 of 2016. Vide a further Order dated 19th September 2016, this Court confirmed the ad-interim Orders