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Informist, Thursday, Jun. 12, 2025

 

--HC refuses to bar Sun Pharma, arm from selling Pruease on RSPL Health plea

 

NEW DELHI – The Delhi High Court on Thursday refused to restrain Sun Pharmaceutical Industries Ltd. and its wholly-owned subsidiary Sun Pharma Laboratories Ltd. from selling Pruease tablets on a trademark infringement suit filed by RSPL Health Pvt Ltd. The high court said that there was no likelihood of confusion by consumers as Sun Pharmaceutical and its arm were using the Pruease name for its tablets, which provided relief against constipation and RSPL Health's Pro-ease was used for sanitary napkins, sanitary towels, pads and related products.

 

"... 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," the high court said. RSPL Health's apprehension that respondents may venture out to products like sanitary napkins has been answered by Sun Pharmaceutical and its arm's statement that they do not intend to use their marks for those particular goods, the court said.

 

RSPL Health has failed to make a prima facie case in its favour, said the high court. The balance of convenience is also in favour of Sun Pharmaceutical and its arm since they have, at least prima facie, been able to show the use of the mark since 2017, the court said.

 

"The adoption of the impugned mark by the respondents has also been explained by it, and the same appears to be bona fide and in accordance with industry practice, wherein alphabets are taken from the chemical compound the product is made of, and additions are made to it to make it a coined mark," said Justice Navin Chawla and Justice Shalinder Kaur. Sun Pharmaceuticals has taken the first three letters from the chemical compound prucalopride and added the word 'ease' to the same, to reflect the ultimate use of the medicine, that is, giving relief to constipation, the bench said.

 

RSPL Health had alleged that Sun Pharmaceutical Industries and its arm were using the 'Pruease' name for its tablets, which was similar to its trademark 'Pro-ease'. RSPL Health said the respondents have dishonestly adopted the trademark, which is bound to cause confusion and deception in the normal course of business activities. 

 

On Thursday, shares of Sun Pharmaceutical Industries ended 0.2% lower at INR 1,687.40 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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