SUN PHARMA LABORATORIES LIMITED vs INTAS PHARMACEUTICALS LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28.03.2026 + CS(COMM) 39/2023 SUN PHARMA LABORATORIES LIMITED .....Plaintiff versus INTAS PHARMACEUTICALS LIMITED .....Defendant Advocates who appeared in this case For the Plaintiff : Mr. Sachin Gupta, Ms. Mahima Chanchalani, Ms. Prashansa, Mr. Rohit Pradhan, Ms. Diksha, Mr. Ajay & Mr. Aadarsh, Advocates. For the Defendant : Ms. Bitika Sharma, Mr. George Vithayathil, Ms. Ahaana Singh Rana & Mr. Aditya P. Mishra, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Suit has been filed seeking a permanent injunction against infringement of the Trade Mark ‘BEVETEX’ (“Plaintiff’s Mark”), passing off, unfair competition, dilution, rendition of accounts and damages. 2. The drug under the Plaintiff’s Mark (“Plaintiff’s Drug”) is a scheduled drug used for treatment of breast cancer, non-small cell lung cancer and pancreatic cancer. The Defendant is using the Mark ‘BEVATAS’ Signature Not Verified Signed By:NEELAM SHARMA CS(COMM) 39/2023 Page 1 of 34 Signing Date:28.03.2026 18:57:27 (“Impugned Mark”) for manufacturing and selling drugs for treatment of colorectal cancer, ovarian cancer, cervical cancer, lung cancer and recurrent glioblastoma (“Defendant’s Drug”). PROCEDURAL HISTORY: 3. The present Suit was listed before the Court of the District Judge, Saket Courts, Delhi (“Trial Court”) on 02.01.2018, wherein the learned Trial Court refused to grant an ex-parte ad-interim injunction on the ground that the Defendant’s Drug is a cancer drug and it would not be in the interest of the public to grant an injunction against the Defendant’s Drug without granting the Defendant an opportunity of being heard. Accordingly, the Defendant was granted a period of one week to file its reply