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2025 DAILYLAW 3236 (BOM)

Alkem Laboratories Ltd v. Iheal Pharmaceutical

IA/5395/2025 · 2026-05-08

Sharmila U Deshmukh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

903-COMIP-356-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO.356 OF 2025 Alkem Laboratories Ltd. …Plainti&/ Applicant Versus Iheal Pharmaceuticals ...Defendant WITH INTERIM APPLICATION NO.5395 OF 2025 WITH INTERIM APPLICATION (L) NO.15616 OF 2026 (NOT ON BOARD) IN COMMERCIAL IP SUIT NO.356 OF 2025 —————— Mr. Mahesh A. Mahadgut a/w Mr. Kaivalya Shetye for the Plainti/Applicant Mr. Rahul Punjabi a/w Mr. Ishan Shro for the Defendant Mr. Nitin Kumar, Partner of Defendant is present through VC —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : MAY 8, 2026 P. C. : 1. This Court is informed that the dispute has been amicably settled between the parties. The Consent Terms are tendered, which are taken on record and marked “X” for identi4cation. The Consent Terms are signed by the Authorized Signatories of Plainti& Nos. 1 and 2 and by SQ Pathan 1/3 SHAGUFTA QUTBUDDIN PATHAN Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date: 2026.05.11 17:37:47 +0530 903-COMIP-356-2025.doc the Partners of Defendant. The Partners of Defendant are present virtually. Their identities are veri4ed by the counsel appearing for the Defendant. They reiterate the terms of the Consent Terms and submit to a decree on admission in terms of the Consent Terms. The statements made in the Consent Terms are accepted as undertaking given to this Court. 2. Suit is decreed in terms of prayer clauses (a) and (b), which read as under : “(a) that the Defendant by itself, its Partners,  employees, servants, dealers,  franchisees,  distributors, stockist, licensees, agents, sister concerns, wholesalers, retailers, representatives, a@liates, associates and/or assigns and all  persons acting for and on its behalf be  restrained by a perpetual order and injunction of this Hon’ble Court from in any manner  manufacturing, selling, o&ering for sale,  stocking, soliciting, exporting, displaying, advertising, marketing, promoting and/or in any  manner whatsoever using directly or indirectly  in relation to any pharmaceutical and/or  medicinal preparation and/or such allied and  cognate goods the trade mark ‘OMEDEE’  and/or using any other mark or word being  identical with and/or deceptively similar to the  Plainti&’s registered trade mark ‘OMEE’ and ‘OMEE family of marks’ and/or using any other  trade mark so as to infringe the Plainti&’s  registered trademark ‘OMEE’ and ‘OMEE  family of marks’ bearing Nos. 500946,  6191927, 2538317,  2538316,  2671334,  3337020,  3297570,  3373723, 3373724,  3373715,  3448532,  5238583,  5536005,  5536004, 3472693,  5238580,  5678697,  5238582,  5041089,  5238584, 5238581,  6301339, 6301340 and 3245456 in any other  manner whatsoever; (b) that the Defendant by itself, its Partners,  employees, servants, dealers,  franchisees,  distributors, stockist, licensees, agents, sister  concerns, wholesalers, retailers, representatives, SQ Pathan 2/3 903-COMIP-356-2025.doc a@liates, associates and/or assigns and all  persons acting for and on its behalf be  restrained by a perpetual order and injunction of this Hon’ble Court from in any manner  manufacturing, selling, o&ering for sale,  stocking, soliciting, exporting, displaying, advertising, marketing, promoting and/or in any  manner whatsoever using directly or indirectly  in relation to any pharmaceutical and/or  medicinal preparation and/or such allied and  cognate goods the trade mark ‘OMEDEE’  and/or using any other mark or word being  identical with and/or deceptively similar to the  Plainti&’s registered trade mark ‘OMEE’ and ‘OMEE family of marks’ and/or using any other  trade mark so as to pass o& the Defendant’s  goods / products as those of the Plainti&’s  and/or to indicate any connection with the  Plainti&.” 3. Refund of Court fees as per rules. 4. The Interim Applications do not survive for consideration and stand disposed of. [SHARMILA U. DESHMUKH, J.] SQ Pathan 3/3