Sun Pharma Laboratories Ltd. Secures Legal Victory Against M/s. Wear and Glow, Exemption from Pre-Litigation Mediation Approved
In a significant legal victory for Sun Pharma Laboratories Ltd., the Delhi High Court has granted an ad-interim injunction against M/s. Wear and Glow and other defendants for alleged trademark infringement involving the trademarks "BELLO PHOTOSTABLE" and "PHOTOSTABLE GOLD." The decision, delivered by Justice A. J. Bhambhani on August 10, 2026, provides relief to the plaintiffs by restraining the defendants from using the disputed trademarks and directs the removal of infringing URLs from online platforms.
The court's ruling comes after Sun Pharma sought exemption from pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. In light of specific circumstances and relying on prior judgments, including those in Yamini Manohar v. T.K.D. Keerthi and Chandra Kishore Chaurasia v. R A Perfumery Works (P) Ltd., the court approved the exemption, allowing the case to proceed directly to litigation.
The plaintiffs, represented by advocates Mr. Saif K. and Ms. Diya V., argued that Sun Pharma holds registered trademarks for "BELLO" and "PHOTOSTABLE," which include distinct sub-ranges used in dermatological and skincare products. The defendants were accused of selling counterfeit products under these trademarks, thereby infringing on Sun Pharma's intellectual property rights.
In its order, the court noted that Sun Pharma successfully established a prima facie case, demonstrating the balance of convenience in their favor. The court also acknowledged the potential for irreparable harm to Sun Pharma if the injunction was not granted. Consequently, the ad-interim injunction restrains the defendants from using the infringing trademarks and mandates the removal of related URLs from defendant No. 14's platform.
Additionally, the court allowed Sun Pharma to file additional documents, subject to their relevance and admissibility being assessed at a later stage. Notices have been issued to the defendants, requiring them to respond to the allegations within specified timeframes.
This judgment underscores the Delhi High Court's commitment to upholding intellectual property rights and provides a crucial precedent for similar trademark infringement cases in the future.
Bottom Line :
Exemption from pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, allowed based on specific circumstances and prior judgments. Ad-interim injunction granted in favor of the plaintiffs against defendants for alleged trademark infringement of "BELLO PHOTOSTABLE" and "PHOTOSTABLE GOLD".
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Commercial Courts Act, 2015 Order XI Rule 1(4) and Section 151 of CPC, Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2
Sun Pharma Laboratories Ltd. v. M/s. Wear and Glow, (Delhi) : Law Finder Doc id # 2967160
