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Informist, Friday, Feb. 13, 2026

 

NEW DELHI – The Supreme Court Friday 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 apex court upheld a Delhi High Court's June order that said 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.

 

"Having heard the learned senior counsel appearing for the petitioner and having gone through the materials on record, we find no good ground to interfere with the impugned order passed by the high court. The special leave petition is, accordingly, dismissed", said a bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan. 

 

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. 

 

In June, the high court said, "... 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. 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 high court had 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 of the high court. 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 had said.

 

On Friday, shares of Sun Pharmaceutical Industries Ltd. closed 1.0% lower at INR 1,697.50 on the National Stock Exchange.

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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