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Bombay High Court

Alkem Laboratories LtdversusIheal Pharmaceutical

Decided
Disposal
DISPOSED OFF

Holding

The court, accepting the parties' consent, granted a perpetual injunction restraining the defendant and its associates from using the ‘OMEDEE’ mark or any mark confusingly similar to the plaintiff’s ‘OMEE’ trademark.

Summary

The parties to a trademark dispute settled the matter amicably and presented consent terms which the court recorded. The plaintiff, Alkem Laboratories Ltd., sought a perpetual injunction against the defendant, Iheal Pharmaceuticals, and its associates for using the mark ‘OMEDEE’ or any mark confusingly similar to the plaintiff’s registered ‘OMEE’ marks. The court accepted the consent terms as an admission and decreed the injunction as per the prayer clauses, restraining the defendant and its affiliates from manufacturing, selling, or marketing products bearing the infringing marks. The decree also ordered a refund of court fees and disposed of the pending interim applications. The judgment reflects the court’s enforcement of trademark rights through a consent decree.

Issues considered

  • Whether the defendant infringed the plaintiff’s registered trademark ‘OMEE’ and ‘OMEE family of marks’.
  • Whether a perpetual injunction can be granted to restrain the defendant and its associates from using the infringing marks.
  • Whether the parties’ consent terms can be treated as an admission and form the basis of a decree.

Subjects

  • trademark infringement
  • perpetual injunction
  • consent decree
  • commercial IP suit
  • settlement

Judgment

          Digitally signed
          by SHAGUFTA
          QUTBUDDIN
SHAGUFTA  PATHAN
QUTBUDDIN Date:
PATHAN    2026.05.11                                                        903-COMIP-356-2025.doc
          17:37:47
          +0530
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                              IN ITS COMMERCIAL DIVISION

                                          COMMERCIAL IP SUIT NO.356 OF 2025

                       Alkem Laboratories Ltd.                                  …Plainti&/
                                                                                 Applicant
                                 Versus
                        Iheal Pharmaceuticals                                   ...Defendant
                                                     WITH
                                      INTERIM APPLICATION NO.5395 OF 2025
                                                     WITH
                                   INTERIM APPLICATION (L) NO.15616 OF 2026
                                                (NOT ON BOARD)
                                                      IN
                                       COMMERCIAL IP SUIT NO.356 OF 2025
                                                  ——————
                       Mr. Mahesh A. Mahadgut a/w Mr. Kaivalya Shetye                    for   the
                       Plainti /Applicant

                       Mr. Rahul Punjabi a/w Mr. Ishan Shro for the Defendant

                       Mr. Nitin Kumar, Partner of Defendant is present through VC
                                                   ——————
                                                  CORAM : SHARMILA U. DESHMUKH, J.
                                                    DATE    : MAY 8, 2026


                       P. C. :

                       1.        This Court is informed that the dispute has been amicably settled

                       between the parties. The Consent Terms are tendered, which are taken

                       on record and marked “X” for identi4cation. The Consent Terms are

                       signed by the Authorized Signatories of Plainti& Nos. 1 and 2 and by



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                                                                  903-COMIP-356-2025.doc


            the Partners of Defendant. The Partners of Defendant are present

            virtually. Their identities are veri4ed by the counsel appearing for the

            Defendant. They reiterate the terms of the Consent Terms and submit

            to a decree on admission in terms of the Consent Terms.                    The

            statements made in the Consent Terms are accepted as undertaking

            given to this Court.

            2.    Suit is decreed in terms of prayer clauses (a) and (b), which read

            as under :

                  “(a) that the Defendant by itself, its Partners, employees,
                  servants, dealers, franchisees, distributors, stockist, licensees,
                  agents, sister concerns, wholesalers, retailers, representatives,
                  a@liates, associates and/or assigns and all persons acting for and
                  on its behalf be restrained by a perpetual order and injunction of
                  this Hon’ble Court from in any manner manufacturing, selling,
                  o&ering for sale, stocking, soliciting, exporting, displaying,
                  advertising, marketing, promoting and/or in any manner
                  whatsoever using directly or indirectly in relation to any
                  pharmaceutical and/or medicinal preparation and/or such allied
                  and cognate goods the trade mark ‘OMEDEE’ and/or using any
                  other mark or word being identical with and/or deceptively
                  similar to the Plainti&’s registered trade mark ‘OMEE’ and
                  ‘OMEE family of marks’ and/or using any other trade mark so as
                  to infringe the Plainti&’s registered trademark ‘OMEE’ and
                  ‘OMEE family of marks’ bearing Nos. 500946, 6191927,
                  2538317, 2538316, 2671334, 3337020, 3297570, 3373723,
                  3373724, 3373715, 3448532, 5238583, 5536005, 5536004,
                  3472693, 5238580, 5678697, 5238582, 5041089, 5238584,
                  5238581, 6301339, 6301340 and 3245456 in any other manner
                  whatsoever;

                  (b) that the Defendant by itself, its Partners, employees,
                  servants, dealers, franchisees, distributors, stockist, licensees,
                  agents, sister concerns, wholesalers, retailers, representatives,



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                                                                 903-COMIP-356-2025.doc


                 a@liates, associates and/or assigns and all persons acting for and
                 on its behalf be restrained by a perpetual order and injunction of
                 this Hon’ble Court from in any manner manufacturing, selling,
                 o&ering for sale, stocking, soliciting, exporting, displaying,
                 advertising, marketing, promoting and/or in any manner
                 whatsoever using directly or indirectly in relation to any
                 pharmaceutical and/or medicinal preparation and/or such allied
                 and cognate goods the trade mark ‘OMEDEE’ and/or using any
                 other mark or word being identical with and/or deceptively
                 similar to the Plainti&’s registered trade mark ‘OMEE’ and
                 ‘OMEE family of marks’ and/or using any other trade mark so as
                 to pass o& the Defendant’s goods / products as those of the
                 Plainti&’s and/or to indicate any connection with the Plainti&.”



            3.    Refund of Court fees as per rules.

            4.    The Interim Applications do not survive for consideration and

            stand disposed of.



                                                  [SHARMILA U. DESHMUKH, J.]




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