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2025 DAILYLAW 3923 (DEL)

SANOFI CONSUMER HEALTHCARE INDIA LIMITED v. SGS PHARMACEUTICAL PRIVATE LIMITED

CS(COMM)/789/2025 · 2026-01-21

Jyoti Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 789/2025 $~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 789/2025 & I.A. 18740/2025 SANOFI CONSUMER HEALTHCARE INDIA LIMITED .....Plaintiff Through: Mr. Peeyoosh Kalra, Ms. V. Mohini and Mr. Udayvir Rana, Advocates. versus SGS PHARMACEUTICAL PRIVATE LIMITED .....Defendant Through: Mr. Manoj Kr. Garg and Mr. Kunda Roy, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 21.01.2026 1. This suit is instituted on behalf of the Plaintiff under Sections 134 and 135 of The Trade Marks Act, 1999 as well as Sections 51 and 62 of the Copyright Act, 1957 seeking permanent injunction against infringement of their trademark, copyright as also passing off, unfair competition, rendition of accounts, damages and delivery up in respect of Plaintiff’s trademark COMBIFLAM and trade dress. 2. By order dated 04.08.2025, ex parte ad interim injunction was granted in favour of the Plaintiff and against the Defendant, until final disposal of I.A. No. 18740/2025. 3. Learned counsel for the Defendant, on instructions, submits that Defendant undertakes not to use the name COMBIPAR under the impugned trade dresses and , which are deceptively This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 14:01:41 CS(COMM) 789/2025 similar to Plaintiff’s trademark COMBIFLAM and trade dresses, respectively and offers to pay Rs. 5 lakhs to the Plaintiff towards damages. For the sake of reference, the competing trademarks and trade dresses are scanned and placed below:- 4. Learned counsel for the Plaintiff, on instructions, has no objection to the settlement terms. Accordingly, the parties agree as follows:- (a) Defendant undertakes not to use the impugned trademark COMBIPAR and trade dresses; and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 14:01:41 CS(COMM) 789/2025 (b) Defendant shall pay and Plaintiff shall accept a sum of Rs. 5 lakhs as damages in lieu of the amount claimed in paragraph 46(h) of the plaint. The money shall be paid in 6 weeks from today. 5. Court finds the settlement to be lawful and accordingly, the suit is decreed in terms of the settlement between the parties and disposed of along with the pending application. 6. Registry is directed to draw up the decree sheet. 7. Plaintiff is held entitled to refund of entire court fees under the provisions of Court Fees Act, 1870. JYOTI SINGH, J JANUARY 21, 2026/YA This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 14:01:41