Defendants Orsim Pharma agree to cease use of contested trademarks, court orders full refund of court fees to Emcure Pharmaceuticals.
In a decisive ruling by the Delhi High Court, Emcure Pharmaceuticals Limited secured a significant legal victory against Orsim Pharma in a trademark infringement and passing off case. Presided over by Justice Jyoti Singh, the court granted a permanent injunction against the defendants, preventing them from using trademarks and trade dress identical or deceptively similar to Emcure's registered trademarks, OROFER and OROFER-XT.
The dispute centered around the alleged infringement of Emcure's intellectual property rights by Orsim Pharma. Emcure argued that the defendants were using trademarks and trade dress that closely resembled their own, thereby potentially misleading consumers and damaging their brand reputation. The case, filed under CS(COMM) 530 of 2026, sought to restrain Orsim Pharma from manufacturing, selling, distributing, advertising, or promoting any products using the contested trademarks or trade dress.
During the proceedings, Ms. P. Subha, representing Defendant No. 2, and Mr. Jayakumar D., representing Defendant No. 3, appeared via video conferencing. Both parties acknowledged the claims and agreed to cease the use of the disputed marks. They further assured the court that no products had been launched using the contested trademarks, and they expressed their willingness to comply with the permanent injunction.
In light of the defendants' acquiescence, Emcure's legal counsel decided to forgo additional reliefs initially sought in the suit. Consequently, the court decreed in favor of Emcure Pharmaceuticals and directed the registry to prepare the decree sheet, formalizing the injunction.
Furthermore, Justice Singh ordered the defendants to submit affidavits of undertakings within four weeks, affirming their commitment to the court's order. The decision also included a directive for the refund of the entire court fees to Emcure Pharmaceuticals, in accordance with the Court Fees Act, 1870, recognizing the defendants' compliance and the plaintiff's concession on other reliefs.
This judgment underscores the judiciary's firm stance on protecting intellectual property rights and serves as a cautionary tale for entities engaging in trademark infringement. Emcure Pharmaceuticals can now continue to safeguard its brand identity without the threat of misleading imitations in the market.
Bottom line:-
Trademark infringement and passing off - Permanent injunction granted against Defendants from using impugned marks/trade dress identical or deceptively similar to Plaintiff's trademarks and trade dress.
Statutory provision(s):
Court Fees Act, 1870
Emcure Pharmaceuticals Limited v. Orsim Pharma, (Delhi) : Law Finder Doc id # 2935810
