Bombay High Court Grants Ad-Interim Relief in Intellectual Property Dispute
Court Orders Seizure of Infringing Goods Amid Trademark and Copyright Breach by R. V. Pharmaceuticals
Mumbai, November 11, 2025 - In a significant ruling, the Bombay High Court, presided over by Justice Arif S. Doctor, has granted ad-interim relief to Dr. Ashok M Bhat in a case involving intellectual property infringement against R. V. Pharmaceuticals. The court addressed the breach of its orders concerning the infringement of copyright and trademark, establishing a prima facie case against the defendants for using a deceptively similar label and artwork to the plaintiff's registered trademark and copyright.
The case dates back to an ex-parte ad-interim order issued on January 19, 2017, wherein the court had initially restrained R. V. Pharmaceuticals from manufacturing and marketing goods bearing a label similar to Dr. Bhat's registered trademark, NOVA. Despite the confirmation of this order on January 20, 2021, the plaintiff discovered the defendants resumed using the impugned mark for their cosmetic products in 2024.
During the proceedings, Mr. Vinod Bhagat, representing Dr. Bhat, presented evidence showing the defendants' continued breach of court orders. The court found the defendants, though duly served, were absent from the proceedings, reinforcing the plaintiff's claim of infringement.
The court directed the appointment of a Court Receiver to seize and inventory the infringing goods. Additionally, the court ordered compliance with previous orders and mandated the defendants to cease the use of the impugned label. This decision is a crucial step in safeguarding intellectual property rights and ensuring compliance with legal directives.
The next hearing is scheduled for December 9, 2025, where further proceedings will continue. The case underscores the judiciary's commitment to enforcing intellectual property laws and protecting rightful ownership in the commercial domain.
Bottom Line:
The Bombay High Court addressed the breach of its orders concerning the infringement of copyright and trademark. The Applicant established a prima facie case showing that the Defendant had violated prior ad-interim orders by continuing to manufacture and market goods with a deceptively similar label and artwork to the Plaintiff's registered trademark and copyright. Ad-interim relief was granted to ensure compliance and protect the Plaintiff's intellectual property rights.
Statutory provision(s):
- - Civil Procedure Code, 1908 Order XXXIX Rule 2A
- - Order XL Rule 1 and Order XXXIX Rule 7 of the Code of Civil Procedure, 1908
Dr. Ashok M Bhat v. R. V. Pharmaceuticals, (Bombay) : Law Finder Doc Id # 2811290
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