Bombay HC Grants Relief to Sun Pharma in Trademark Battle Over Lupride

The ruling was delivered by Justice Arif S. Doctor of the Bombay High Court’s Ordinary Original Civil Jurisdiction, Commercial Division.

Sun Pharma Laboratories had filed a commercial IP suit alleging that Fertilesure Pharma was using the marks “Lupride Sure” and “Lupride Sure Depot” in connection with its medicinal and pharmaceutical preparations. According to Sun Pharma Laboratories, these marks were deceptively similar to its own long-established trademarks “Lupride” and “Lupride Depot,” registered under Class 5. The plaintiff argued that such usage amounted to infringement and passing off, and also sought urgent interim relief.

Represented by advocate Archita Gharat and her team, Sun Pharma Laboratories submitted that Fertilesure’s continued use of the impugned marks would mislead consumers, damage Sun Pharma’s goodwill, and unjustly allow the defendants to ride on the reputation of its established product line. They also produced proof of service to the defendants, noting that despite repeated intimations, Defendant No. 3 failed to appear before the court.

While Defendant No. 2, proprietor of Fertilesure Pharma, had earlier appeared, there was no representation from Defendant No. 3 despite due service. Their absence was recorded by the court.

Justice Doctor observed that since Defendant No. 3 had been duly served on multiple occasions and yet failed to appear, there was no reason to withhold relief. The court emphasized that Fertilesure’s use of “Lupride Sure” and “Lupride Sure Depot” bore a deceptive similarity to Sun Pharma Laboratories' trademarks, thereby justifying intervention to protect Sun Pharma’s intellectual property rights.

The court ruled:

“a) that pending the hearing and final disposal of the suit, the Defendants by themselves, their proprietors, partners, directors, affiliates, associate/s, sister/group companies, divisions, employees, servants, agents, dealers, stockiest, super-stockiest, distributors, wholesalers, retailers, custodians, assignees, franchisees, licensees, predecessors, successors, e-commerce and warehouse aggregators and all persons claiming through and/or under it or acting on their behalf and all those connected with them in their business be restrained by a temporary order and injunction of this Hon'ble Court from using in any manner in relation to their medicinal and pharmaceutical preparations the impugned marks ‘LUPRIDE SURE/LUPRIDE SURE DEPOT’ and/or trademark containing the impugned marks or any mark deceptively similar thereto and/or any mark identical and/or deceptively similar to the Plaintiff's said trademarks ‘LUPRIDE DEPOT’ and ‘LUPRIDE’ registered under Nos. 1110783 and 2356941 in class 05, so as to infringe the Plaintiff's registered trademarks;

b) that pending the hearing and final hearing of the suit, the Defendants … be restrained by a temporary order and injunction of this Hon'ble Court from trading, using, manufacturing, stocking, selling, marketing, promoting, advertising, distributing, exporting, importing, exhibiting, displaying and/or offering for sale … the impugned marks ‘LUPRIDE SURE/LUPRIDE SURE DEPOT’ … so as to pass off or enable others to pass off the Defendants’ goods as and for that of the Plaintiff;

c) that pending the hearing and final disposal of the suit, the Court Receiver, High Court, Bombay … be appointed with all powers under Order XL Rule 1 and Order XXXIX Rule 7 of the Code of Civil Procedure, 1908 to forcibly enter, to attend and search the premises, shops, offices, factories, godowns, warehouses of the Defendants … at any time of the day (even on Sundays, Court holidays and vacations) or night without notice to the Defendants and with the help of the local police authorities, if necessary, … to make an inventory, seize and take possession/custody thereof … and the Defendants … be ordered and directed to deliver up all of the aforesaid to the Court Receiver … and the concerned Police Station be ordered and directed to provide free of cost adequate Police protection to the Court Receiver/Special Receiver and Advocates and the representatives of the Plaintiff for effective and prompt implementation of the order.”

The interim application was thus allowed and disposed of in these terms.

To view the official order, click the link below: