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2026 DAILYLAW 4720 (BOM)

Alkem Laboratories Ltd v. Acrowell Labs Private Limited

LPETN/244/2026 · 2026-08-27

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16-IAL-25484-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO.25484 OF 2026 IN COMMERCIAL IP SUIT (L) NO.25305 OF 2026 Alkem Laboratories Ltd. …Applicant/ Plaintiff Versus Acrowell Labs Private Limited …Respondent/ Defendant WITH LEAVE PETITION NO.244 OF 2026 IN COMMERCIAL IP SUIT (L) NO.25305 OF 2026 Alkem Laboratories Ltd. …Petitioner Versus Acrowell Labs Private Limited …Respondent Mr. Mahesh Mahadgut, Ms. Kaivalya Shetye and Ms. Logita Chandar, for the Applicant/Plaintiff. Ms. Nidhi Bangera i/b. Ms. Pooja Jain, for the Respondent/Defendant. CORAM: MADHAV J. JAMDAR, J. DATED : 27th AUGUST 2026 P. C.: LEAVE PETITION NO.244 OF 2026: Page 1 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.08.27 17:34:38 +0530 16-IAL-25484-2026.DOC 1. Perused the plaint and the Leave Petition. 2. For the reasons set out in the Leave Petition, the same is allowed in terms of prayer clause (a). 3. Accordingly, the Leave Petition is disposed of. INTERIM APPLICATION (L) NO.25484 OF 2026: 4. Learned Counsel appearing for the Defendant tenders a Letter of Undertaking, which reads as under: “Sub: Use of the mark EZAFLAM I, Arjun Garg, Director of Acrowell Labs Private Limited, of the address, 10/5 Arjun Nagar, Pipli Road Behind Satya Nursing, Kurukshetra, Haryana- 136118 and another address at Unit 505, 5th Floor Motiaz Business Park, Zirakpur, Mohali-140603, write in furtherance to the consent terms being executed in the Commercial IP Suit (L) NO. 25305 OF 2026. We are agreeable to the requisitions as set out hereinunder with respect to the mark EZAFLAM and hereby undertake the following, in relation thereto:- 1. To cease using the mark "EZAFLAM" in relation to its goods, business, trade, advertising, promotion or otherwise. 2. To take necessary steps to withdraw its Trade Page 2 Sonali 16-IAL-25484-2026.DOC Mark application for the mark "EZAFLAM" under Application no. 5412307 in class 5, and shall furnish proof of such withdrawal to the Plaintiffs/their Advocates and/or place the same on record in the aforesaid proceedings, as may be required. 3. To refrain forthwith from ever applying or acquiring, even in the future, any mark identical or deceptively and/or confusingly similar to your ENZOFLAM mark, individually or with other words or images. 4. To refrain from creating/operating/managing any social media pages, posts or videos, promotional material which are confusingly or deceptively similar to the EZAFLAM mark. 5. To never oppose, apply for cancellation, challenge in any way, or create any hindrance to, either on our own motion or through any of our subsidiaries, affiliates and/or any other third party the registration and use of your subsidiaries, affiliates and/or any other third party, the registration and use of your "ENZOFLAM' mark and its variants, if any. 6. That neither my Company, nor any other person/entity claiming through it, has applied for or registered any other marks that may be seen to be similar or identical to the ENZOFLAM mark. 7. I hereby acknowledge and agree that my Company including assignees, subsidiaries, and affiliates will abide by the provisions of this undertaking and understand that any violation or breach of the above-provisions shall render it liable to appropriate legal action.” Page 3 Sonali 16-IAL-25484-2026.DOC 5. In view of the undertakings of the Defendant, the Interim Application is allowed in terms of prayer clauses (a) and (b). 6. Accordingly, the Interim Application is disposed of. COMMERCIAL IP SUIT (L) NO.25305 OF 2026: 7. Both the learned Counsel state that the parties will file the Consent Terms. 8. Stand over to 10th September 2026. [MADHAV J. JAMDAR, J.] Page 4 Sonali