Defendants Acknowledge Sun Pharma's Ownership of "HISTAC" and "OMESEC" Marks; Undertake to Cease Use of Conflicting Trademarks and Remove Infringing Goods
In a significant development in intellectual property law, the Bombay High Court on October 8, 2026, disposed of a commercial intellectual property rights suit filed by Sun Pharmaceutical Industries Ltd. against Nectar Life Care and Kashmik Formulations Pvt. Ltd. The suit pertained to alleged infringement and passing off involving Sun Pharma's registered trademarks "HISTAC" and "OMESEC" in Class 5 under the Trade Marks Act, 1999.
The dispute was amicably settled between the parties through consent terms approved by the Court, which acknowledge Sun Pharma's exclusive rights and ownership over the registered marks "HISTAC" (Registration No. 485074) and "OMESEC" (Registration No. 488276). The defendants admitted to the validity and status of these trademarks and agreed not to challenge them.
Under the consent decree, Nectar Life Care and Kashmik Formulations Pvt. Ltd., who operate as sister concerns engaged in the manufacture and marketing of generic medicines from Ahmedabad, agreed to:
- Refrain from using the impugned marks "HISTACT", "ENECT", "OMENEC", "PREDMIK", "LUMIK", and "SNIZACT" or any deceptively similar marks that infringe or cause confusion with Sun Pharma's trademarks.
- Cease manufacturing, marketing, stocking, selling, distributing, or offering for sale any goods bearing these infringing marks.
- Remove all online listings bearing the impugned trademarks from their own websites and third-party platforms, including e-commerce sites and social media, within seven days of signing the consent terms.
- Provide details of the last batches of infringing products and confirm that no outstanding stock remains, with an undertaking to destroy any discovered infringing goods and promotional material at their own cost.
- Withdraw their trademark application for "SNIZACT" (Registration No. 6131511) in Class 5 and any other similar applications, if existing, within seven days.
- Submit a written letter of compliance within one month confirming adherence to the terms.
The defendants also agreed to indemnify Sun Pharma against any future infringements and acknowledged that the consent terms are binding on them and their associates, affiliates, successors, and persons acting on their behalf. Both parties mutually waived any further claims related to the suit's subject matter and agreed to maintain confidentiality of the settlement terms.
Additionally, Nectar Life Care and Kashmik Formulations Pvt. Ltd. issued a demand draft of Rs. 1,00,000/- as reimbursement of costs incurred by Sun Pharma in instituting the suit. The Court discharged the Court Receiver without passing accounts, subject to payment of costs by the plaintiff, and ordered refund of court fees as per rules. No order as to costs was made against either party.
The Court recorded the consent terms on the record and decreed the suit accordingly, thereby putting an end to the contentious trademark dispute. The interim applications pending in the suit were disposed of as infructuous.
This case underscores the importance of respecting registered trademarks and resolving intellectual property disputes through negotiated settlements that protect brand goodwill and consumer interests in the pharmaceutical sector. Sun Pharma's successful enforcement of its rights over well-known trademarks "HISTAC" and "OMESEC" reaffirms the robust legal framework available for protecting commercial intellectual property in India.
Bottom Line:
Trade Marks - Commercial IP suit disposed of on consent terms - Defendants acknowledged Plaintiff's rights in registered trade marks "HISTAC" and "OMESEC" and undertook not to use impugned marks "HISTACT", "ENECT", "OMENEC", "PREDMIK", "LUMIK" and "SNIZACT" or any deceptively similar marks - Suit decreed in terms of consent terms - Undertakings accepted by Court.
Statutory provision(s):
Trade Marks Act, 1999; Civil Procedure Code (provisions relating to consent decree and suit disposal)
Sun Pharmaceutical Industries Ltd. v. Nectar Life Care, (Bombay ) : Law Finder Doc Id # 2994765
