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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:




                                                    Page 1
                    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



                                  Page 2
Sonali
                                                  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.”




                                Page 3
Sonali
                                                    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.]




                                  Page 4
Sonali


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