Delhi HC issues interim order restraining Elder Projects from threatening Antex Pharma over ELDER, ELDERVIT trademarks use

In a significant legal development in New Delhi, the Delhi High Court issued an interim order restraining Mumbai-based Elder Projects from threatening Antex Pharma over the 'ELDER' and 'ELDERVIT' trademarks. Antex Pharma argued that their extensive use of these trademarks for pharmaceutical products has garnered significant goodwill, while Elder Projects allegedly made baseless legal threats to assert rights over them. The court's decision reflects a cautious approach, balancing the protection of Antex Pharma from intimidation tactics with the recognition that ownership of the 'ELDER' trademark belongs to Elder Pharmaceuticals Ltd., as confirmed by a 2019 judgment. This ruling nullifies Elder Projects' claims. The interim order not only provides temporary relief to Antex Pharma but also signals the court's acknowledgment of the importance of fair competition and protecting established trademarks in the pharmaceutical industry. As the case progresses, it will have implications for trademark law and corporate practices in India's pharmaceutical sector, showcasing the judiciary's role in navigating trademark disputes.