Bombay High Court
Alkem Laboratories LtdversusAcrowell Labs Private Limited
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the defendant's comprehensive Letter of Undertaking to cease use, withdraw the application, and refrain from future infringing conduct warranted the grant of interim relief.
Summary
Alkem Laboratories Ltd. filed a commercial IP suit against Acrowell Labs Private Limited alleging infringement of its ENZOFLAM trademark. The defendant submitted a Letter of Undertaking agreeing to cease using the mark EZAFLAM, withdraw its pending trademark application, and refrain from any future use of confusingly similar marks. The court examined the leave petition and the interim application, finding the defendant's undertaking sufficient to grant the relief sought. Accordingly, the leave petition was allowed and disposed, and the interim application was granted, ordering the defendant to comply with the undertakings. The matter was adjourned for filing of consent terms on 10 September 2026.
Issues considered
- Whether the defendant should be restrained from using the mark "EZAFLAM" pending the resolution of the trademark dispute.
- Whether the defendant must withdraw its pending trademark application for the mark "EZAFLAM".
- Whether a Letter of Undertaking can serve as a basis for granting interim relief in a commercial IP suit.
Subjects
- trademark infringement
- interim injunction
- letter of undertaking
- consent terms
- commercial IP suit
- cease and desist
- withdrawal of trademark application
Judgment
16-IAL-25484-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
Digitally
signed by
SONALI
SONALI MILIND
INTERIM APPLICATION (L) NO.25484 OF 2026
MILIND PATIL
PATIL Date:
2026.08.27
IN
17:34:38
+0530
COMMERCIAL IP SUIT (L) NO.25305 OF 2026
Alkem Laboratories Ltd. …Applicant/
Plaintiff
Versus
Acrowell Labs Private Limited …Respondent/
Defendant
WITH
LEAVE PETITION NO.244 OF 2026
IN
COMMERCIAL IP SUIT (L) NO.25305 OF 2026
Alkem Laboratories Ltd. …Petitioner
Versus
Acrowell Labs Private Limited …Respondent
Mr. Mahesh Mahadgut, Ms. Kaivalya Shetye and Ms. Logita
Chandar, for the Applicant/Plaintiff.
Ms. Nidhi Bangera i/b. Ms. Pooja Jain, for the
Respondent/Defendant.
CORAM: MADHAV J. JAMDAR, J.
DATED : 27th AUGUST 2026
P. C.:
LEAVE PETITION NO.244 OF 2026:
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Sonali
16-IAL-25484-2026.DOC
1. Perused the plaint and the Leave Petition.
2. For the reasons set out in the Leave Petition, the same is
allowed in terms of prayer clause (a).
3. Accordingly, the Leave Petition is disposed of.
INTERIM APPLICATION (L) NO.25484 OF 2026:
4. Learned Counsel appearing for the Defendant tenders a
Letter of Undertaking, which reads as under:
“Sub: Use of the mark EZAFLAM
I, Arjun Garg, Director of Acrowell Labs Private
Limited, of the address, 10/5 Arjun Nagar, Pipli
Road Behind Satya Nursing, Kurukshetra, Haryana-
136118 and another address at Unit 505, 5th Floor
Motiaz Business Park, Zirakpur, Mohali-140603,
write in furtherance to the consent terms being
executed in the Commercial IP Suit (L) NO. 25305
OF 2026. We are agreeable to the requisitions as set
out hereinunder with respect to the mark EZAFLAM
and hereby undertake the following, in relation
thereto:-
1. To cease using the mark "EZAFLAM" in relation to
its goods, business, trade, advertising, promotion or
otherwise.
2. To take necessary steps to withdraw its Trade
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16-IAL-25484-2026.DOC
Mark application for the mark "EZAFLAM" under
Application no. 5412307 in class 5, and shall
furnish proof of such withdrawal to the
Plaintiffs/their Advocates and/or place the same on
record in the aforesaid proceedings, as may be
required.
3. To refrain forthwith from ever applying or
acquiring, even in the future, any mark identical or
deceptively and/or confusingly similar to your
ENZOFLAM mark, individually or with other words
or images.
4. To refrain from creating/operating/managing any
social media pages, posts or videos, promotional
material which are confusingly or deceptively
similar to the EZAFLAM mark.
5. To never oppose, apply for cancellation,
challenge in any way, or create any hindrance to,
either on our own motion or through any of our
subsidiaries, affiliates and/or any other third party
the registration and use of your subsidiaries,
affiliates and/or any other third party, the
registration and use of your "ENZOFLAM' mark and
its variants, if any.
6. That neither my Company, nor any other
person/entity claiming through it, has applied for or
registered any other marks that may be seen to be
similar or identical to the ENZOFLAM mark.
7. I hereby acknowledge and agree that my
Company including assignees, subsidiaries, and
affiliates will abide by the provisions of this
undertaking and understand that any violation or
breach of the above-provisions shall render it liable
to appropriate legal action.”
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16-IAL-25484-2026.DOC
5. In view of the undertakings of the Defendant, the Interim
Application is allowed in terms of prayer clauses (a) and (b).
6. Accordingly, the Interim Application is disposed of.
COMMERCIAL IP SUIT (L) NO.25305 OF 2026:
7. Both the learned Counsel state that the parties will file the
Consent Terms.
8. Stand over to 10th September 2026.
[MADHAV J. JAMDAR, J.]
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