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RSPL Health Pvt. Ltd. V. Sun Pharma Laboratories Limited & ANR., FAO (COMM) 65/2025 & CM APPL. 12743/2025, Decided on 12th June 2025
The Delhi High Court has dismissed the Appeal of ‘Pro-ease’ against ‘Pruease’ in a trademark infringement case. RSPL Health Pvt. Ltd. filed an Appeal under Section 13 of the Commercial Courts Act, 2015 challenging an order of a District Judge, dismissing the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.
A Division Bench of Justice Navin Chawla and Justice Shalinder Kaur held, “The Courts have time and again cautioned that in appeals challenging the orders passed by the learned Trial Court in exercise of its discretionary jurisdiction, the appellate court will not interfere with, except where the discretion has been shown to have been exercised arbitrarily or capriciously or perversely or where the court has ignored the settled principles of law regulating grant or refusal of interlocutory injunctions.”.
The Bench further held, “…the goods are distinct, having distinct and separate trade channels, and there is no likelihood of confusion being caused to the public by the use of the marks. There is also no case of passing off made out by the appellant as the packaging of the products and the manner of the depiction of the mark along with other additional ingredients of the label do not indicate any likelihood of confusion resulting in the use of the same”.
