Alkem Laboratories Ltd. v. Iheal Pharmaceuticals
Consent decree – Commercial IP Suit No.356 of 2025
Case brief
What is this about?
Bombay High Court, Commercial Division — Commercial IP Suit No.356 of 2025 (with Interim Application No.5395 of 2025 and Interim Application (L) No.15616 of 2026), decided 8 May 2026 by Sharmila U. Deshmukh, J. Alkem Laboratories Ltd. (Plaintiff/Applicant) v. Iheal Pharmaceuticals (Defendant). Consent decree: dispute amicably settled; Consent Terms marked 'X' and accepted as undertakings; Defendant's Partners submitted to decree on admission. Suit decreed in terms of prayer clauses (a) and (b): perpetual injunction against use of the mark 'OMEDEE' or any identical/deceptively similar mark infringing or passing off the registered trade mark 'OMEE' and 'OMEE family of marks'. Refund of Court fees as per rules; interim applications disposed of.
What did the court decide?
Suit decreed on admission in terms of Consent Terms accepted as undertakings to the Court; perpetual injunction in terms of prayer clauses (a) and (b) restraining the Defendant, its Partners, employees, agents and all persons acting for and on its behalf from using the trade mark 'OMEDEE' or any mark identical with or deceptively similar to the Plaintiff's registered trade mark 'OMEE' and 'OMEE family of marks', so as to infringe or pass off; refund of Court fees as per rules; Interim Applications disposed of.