Bombay High Court
Alkem Laboratories LtdversusIheal Pharmaceutical
- Decided
- Disposal
- DISPOSED OFF
- Bench
- SHARMILA U DESHMUKH
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
SQ Pathan 1/3
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,
SQ Pathan 2/3
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.]
SQ Pathan 3/3
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