Delhi High Court Denies Sun Pharma's Plea in Trademark Infringement Case

17 Aug 2023 , 01:26 PM

The Delhi High Court has rejected Sun Pharma’s plea for interim relief against Finecure Pharmaceuticals Limited in a trademark infringement case. Sun Pharma accused Finecure of infringing on its trademark for the anti-acidity drug Pantocid.

The court ruled that Sun Pharma’s delay of 13 years in approaching the court for relief weakened its claim. Finecure argued that its anti-acidity drug Pantopacid was distinct and its trademark had been registered since 2007.

The court noted that Pantocid and Pantopacid were phonetically, structurally, and visually similar, and could confuse consumers seeking acid relief. The court directed Finecure to maintain a separate account of earnings from Pantopacid and file quarterly affidavits. Sun Pharma’s delay in seeking relief and lack of ‘clean hands’ were cited by the court in denying injunctive relief.

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