Emcure Pharmaceuticals Limited vs Msure Pharmachem LLP — Bombay HC (2026) — LawSathi Research

Emcure Pharmaceuticals Limited vs Msure Pharmachem LLP — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suit disposed of on account of the Defendant's change of trade name (fresh certificate of incorporation) together with the recorded undertaking of its designated partners not to revert to the erstwhile trade name; Plaintiff left at liberty to institute appropriate fresh proceedings on any future infringement giving rise to a new cause of action; Defendant permitted to reflect the erstwhile name on invoices for 12 weeks while effecting consequent changes with the Income Tax Department, GST Department and drug licences, thereafter to cease such use forthwith; Interim Application disposed of.

Issue for consideration

Whether the Defendant's trade name 'Msure Pharmachem LLP' was identical/deceptively similar to the Plaintiff's registered trade mark 'EMCURE' (raised but not decided, as the cause of action ceased). +1 more

Ratio / Principle

In light of the Defendant's change of trade name, the present cause of action does not survive.

Key takeaways

The undertaking of the Defendant's designated partners that the Defendant will not revert to use of the erstwhile trade name is accepted as an undertaking given to this Court.ratio¶17
The suit is disposed of in view of the undertaking and on account of the change of the trade name evidenced from the fresh certificate of incorporation.ratio¶18
It is open to the Plaintiff to adopt appropriate proceedings in the event of any infringement of the trade mark by the Defendant giving rise to a new cause of action.obiter

Detailed headnote1 paragraphs

Bombay High Court (Commercial Division, OOCJ) — Commercial IP Suit No. 676 of 2025; Emcure Pharmaceuticals Limited v. Msure Pharmachem LLP, renamed by fresh certificate of incorporation to 'MEDATRIX LIFESCIENCES LLP'; coram Sharmila U. Deshmukh, J.; decided March 11, 2026. The dispute arose because the Defendant's trade name was alleged by the Plaintiff to be identical/deceptively similar to the Plaintiff's registered trade mark 'EMCURE'. Holding that, in light of the change of trade name, the present cause of action does not survive, the Court disposed of the suit, accepting as an undertaking to the Court the personal statement of the Defendant's designated partners (Ms. Shreya Dharamendra Doshi and Ms. Miloni Amit Shah) that the Defendant will not revert to use of the erstwhile trade name. Liberty was expressly reserved to the Plaintiff to adopt appropriate proceedings in the event of any future infringement giving rise to a new cause of action. Consequential changes with the Income Tax Department, GST Department and drug licences were to be effected within 12 weeks, during which the Defendant's invoices could bear the erstwhile name, with such use to cease forthwith on expiry; the Interim Application stood disposed of. No precedent or statutory provision was cited or construed.

2026:BHC-OS:6377

1 COMIP 676-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

COMMERCIAL IP SUIT NO. 676 OF 2025

Emcure Pharmaceuticals Limited ... Plaintiff. Versus Msure Pharmachem LLP ... Defendant.

Mr Ashutosh Kane a/w. Ms. Maitri Asher and Ms. Avani Panchabhai i/by W.S. Kane and Co. for the Plaintiff. Mr Sanket S. Bora a/w. Mr Dharan Gandhi and Vidhi Punmiya and Amiya Das i/by SPCM legal for Respondent.

————— Coram : Sharmila U. Deshmukh, J. Date : March 11, 2026

P.C. :

1. The fresh certificate of incorporation consequent upon the

change of name is placed on record. By the certificate of incorporation, the name of the Defendant has now been changed to “MEDATRIX LIFESCIENCES LLP”.

2. The dispute in the present case arose by reason of the trade name of the Defendant which was Msure Pharmachem LLP, which according to the Plaintiff was identical/deceptively similar to the Plaintiff’s registered trade mark “EMCURE”. In light of the change of the trade name, the present cause of action does not survive.

3. Ms. Shreya Dharamendra Doshi and Ms. Miloni Amit Shah, the designated partners of the Defendant LLP are present personally and

1 of 2

sa_mandawgad

1 COMIP 676-25.doc

undertakes that the Defendant will not revert to use of the erstwhile trade name. The said statement is accepted as undertaking given to this Court.

4. The suit is disposed of in view of the said undertaking and on account of the change of the trade name evidenced from fresh certificate of incorporation. It is open for the Plaintiff to adopt appropriate proceedings in event of any infringement of the trade mark by the Defendant giving rise to a new cause of action.

5. The consequent changes in the Income Tax Department and GST Department and drug licenses are stated to be effected within a period of 12 weeks. Till that time, the invoices of the Defendant is permitted to reflect the erstwhile name of the Defendant. However, after expiry of period of 12 weeks, the use of the erstwhile name by the Defendant should be forthwith stopped.

6. Interim Application does not survive for consideration and same stands disposed of.

[Sharmila U. Deshmukh, J.]

2 of 2

sa_mandawgad Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 12/03/2026 14:51:25