Neon Laboratories Limited vs Syndicate Pharma — Bombay HC (2025) — LawSathi Research

Neon Laboratories Limited vs Syndicate Pharma — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim relief granted by order dated 7th November, 2023 (trade mark infringement; identical mark “NEON”) confirmed as interim relief; Interim Application allowed in terms of prayer clause (a) and (b), with a strong prima facie case recorded for interim relief in respect of passing off; Leave Petition (L) No.30758 of 2023 under clause XIV of the Letters Patent allowed; Court Receivers Report disposed of; Court Receiver discharged without passing off accounts; all costs, expenses and charges of the Court Receiver payable within 8 days of demand.

Issue for consideration

Whether the ad-interim relief granted by order dated 7th November, 2023 should be confirmed as interim relief. +2 more

Court's answer

Ad-interim relief granted by order dated 7th November, 2023 is confirmed as interim relief (Defendant did not oppose and, on instructions, submitted that ad-interim be confirmed as interim relief).

Ratio / Principle

There is a prima facie finding that the impugned products are counterfeit products and all the essential features of the registered trade mark of the Plaintiff have been copied.

Key takeaways

It is therefore evident that there is misrepresentation.ratio¶28
As the rival mark is identical, the use of the mark is liable to cause damage to the Plaintiff's goodwill and reputation.ratio¶28
A strong prima facie case is made out for grant of interim relief in respect of passing off (sentence continues at para 32: “respect of passing off.”).ratio

Detailed headnote1 paragraphs

Bombay High Court, OOCJ Commercial Division (Sharmila U. Deshmukh J.; 10 December 2025) — Interim Application No.5612 of 2025 in Commercial IP Suit No.538 of 2025 (Neon Laboratories Limited v. Syndicate Pharma), with Court Receivers Report No.486 of 2023 and Leave Petition (L) No.30758 of 2023. Ad-interim relief of 7th November, 2023 in respect of trade mark infringement (rival mark identical “NEON”) confirmed as interim relief; Defendant, having pleaded in its written statement (paras 1 and 2.1) that it stopped using the impugned mark since 17th December, 2022 thereby rendering prayer clauses (a), (b), (e), (f), (g) and (h) infructuous, did not oppose confirmation. Court records prima facie finding that the impugned products are counterfeit and all essential features of the Plaintiff's registered trade mark have been copied; misrepresentation evident; the rival mark being identical, its use is liable to cause damage to the Plaintiff's goodwill and reputation — strong prima facie case for interim relief in respect of passing off. Interim Application allowed in terms of prayer clauses (a) and (b). Unopposed Leave Petition under clause XIV of the Letters Patent for combining the causes of action of infringement and passing off allowed. Court Receivers Report disposed of; Court Receiver discharged without passing off accounts; Receiver's costs, expenses and charges payable within 8 days of demand.

14-ia-5612-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO.5612 OF 2025 IN

COMMERCIAL IP SUIT NO.538 OF 2025 WITH

COURT RECEIVERS REPORT NO.486 OF 2023 WITH LEAVE PETITION (L) NO.30758 OF 2023

Neon Laboratories Limited ...Plaintiff

VISHAL SUBHASH PAREKAR

Digitally signed by VISHAL SUBHASH PAREKAR Date: 2025.12.11 10:46:58 +0530

Versus

Syndicate Pharma ...Defendant

Mr. Rashmin Khandekar a/w. Ms. Pooja Jain and Ms. Taniya Shaikh, Mr. Aniket Katre and Ms. Priyanka More, for the Plaintiff. Ms. Manashree Engineer i/b. Gordhandas & Fozdar, for the Defendant

——————

CORAM : SHARMILA U. DESHMUKH, J. DATE : DECEMBER 10, 2025

P. C. :

IA No. 5612 of 2025 :-

1. By order dated 7^th November, 2023, ad-interim relief was granted

in respect of infringement of trade mark and the rival mark is identical trade mark “NEON”.

2. Subsequently, the Defendant has filed its written statement and

has stated in paragraph 1 that the prayer clauses (a), (b), (e), (f), (g) and

1 of 3

Vishal Parekar

14-ia-5612-2025.doc

(h) in the Plaint have become infructuous in as much as Defendant has stopped using the impugned mark since 17^th December, 2022. The same averment is reiterated in paragraph 2.1 of the written statement.

3. In view of the pleadings in the written statement, Mr. Khandekar, learned counsel appearing for the Plaintiff would seek confirmation of the ad-interim relief granted by order of 7^th November, 2023.

4. Learned counsel for the Defendant does not oppose the said application and would submit, on instructions, that ad-interim be confirmed as interim relief.

5. In light of the said statement, ad-interim relief granted by order dated 7^th November, 2023 is confirmed as interim relief.

6. By order of even date, this Court has allowed the Leave Petition. and Mr. Khandekar would submit that the relief in respect of passing off be granted by this Court.

7. There is prima facie finding that the impugned products are counterfeit products and all the essential features of the registered trade mark of the Plaintiff have been copied. It is therefore evident that there is misrepresentation. In so far as goodwill and reputation is concerned, the sales turnover and advertisement expenses have been set out in the Plaint. As the rival mark is identical, the use of the mark is liable to cause damage to the Plaintiff’s goodwill and reputation. A strong prima facie case is made out for grant of interim relief in

2 of 3

Vishal Parekar

14-ia-5612-2025.doc

respect of passing off.

8. In light of above, Interim Application is allowed in terms of prayer clause (a) and (b).

9. Court Receivers Report is disposed of.

10. Court Receiver stands discharged without passing off accounts.

11. All costs, expenses and charges of the Court Receiver to be paid

within 8 days of demand being raised by the Court Receiver.

LPETNL No. 30758 of 2023 :-

12. Petition seeks leave under clause XIV of the Letters Patent for combining the cause of action of infringement of trademark with the cause of action for passing off. There is no opposition to the said Petition.

13. Leave Petition stands allowed.

[SHARMILA U. DESHMUKH, J.]

3 of 3

Vishal Parekar