Integrace Private Limited Wins Case; Defendants Ordered to Pay Rs. 1,00,000 in Costs for Trademark Violation and Passing Off
In a significant decision dated June 15, 2026, the Bombay High Court has issued a permanent injunction against Mas Pharmachem and another defendant for trademark infringement and passing off, in favor of Integrace Private Limited. The case, presided over by Justice Arif S. Doctor, was brought by Integrace Private Limited, which alleged that the defendants' use of the mark "BON K2 FORTE" was deceptively similar to their registered trademark "BON-K2". The court found that the defendants had dishonestly adopted the impugned mark with the intention to deceive, thereby causing confusion in the market.
The plaintiff, represented by Mr. Mahesh Mahadgut and Mr. Kaivalya Shetye, successfully demonstrated that both marks were used for medicinal and pharmaceutical products, making the likelihood of public confusion particularly dangerous. The court upheld the plaintiff's claims of trademark infringement and passing off, granting an injunction to prevent the defendants from using the infringing mark.
The judgment also highlighted the defendants' failure to appear in court or file a defense, which the court interpreted as evidence of dishonest conduct. Consequently, the defendants were ordered to pay costs of Rs. 1,00,000 to the plaintiff within eight weeks, with an interest penalty for delayed payment.
The case underscores the stringent standards applied to pharmaceutical trademarks to protect public health from the risks of product confusion. This ruling reinforces the importance of maintaining distinct and non-deceptive branding in the pharmaceutical industry.
Bottom line:-
Trademark Infringement - A mark deceptively similar to a registered trademark, especially in pharmaceutical and medicinal preparations, can cause public confusion and risks. Stricter standards apply to prevent such confusion.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29, 135; Civil Procedure Code, 1908 Section 35
Integrace Private Limited v. Mas Pharmachem, (Bombay) : Law Finder Doc id # 2925240
