Joint application (I.A. 12507/2026) under Order XXIII Rule 3 read with Section 151, Code of Civil Procedure, 1908, by Dr. Reddys Laboratories Limited (petitioner/plaintiff) and Wockhardt Limited (respondent no. 1) seeking disposal of the trademark rectification petition C.O. (COMM.IPD-TM) 123/2025 on the basis of a Settlement Agreement dated 23.04.2026. Key consent terms: (i) Wockhardt undertakes not to use, manufacture, sell, offer for sale, advertise, market, distribute or deal in any pharmaceutical or medicinal products under the mark 'PACTYON' or any mark identical with or deceptively similar to 'PRACTIN', including packaging/trade dress, in the Territories mentioned in the Business Transfer Agreement dated 12 February 2020; (ii) petitioner to close and dispose of CS (COMM) 101/2023 and the rectification petition relating to the mark 'WOKTYON' and not to object to Wockhardt's use of 'WOKTYON'; (iii) Wockhardt entitled to retain/use the existing 'WOKTYON' trade dress until December 31, 2026, after which the packaging shall undergo modification by removing or substituting the orange-coloured vertical running borders; (iv) rights of both parties reserved in respect of any alleged infringement of their respective intellectual property rights; (v) Wockhardt confirms destruction of all packaging material, labels, cartons and promotional material alleged to infringe 'PRACTIN' in relation to product 'PACTYON'; (vi) parties to make a joint application stating Wockhardt has no objection to removal of the mark from the Register of Trade Marks, and Wockhardt to seek withdrawal/voluntary cancellation of trade mark PACTYON bearing no. 5700543 in Class 5, which application was filed on 30.04.2026 before the Trade Marks Registry; (vii) no admission of wrongdoing, infringement or liability; (viii) disposal with no orders as to cost; (ix) suit to be disposed of with respect to Defendant No. 2 on the strength of Wockhardt's undertaking. The Court perused the settlement terms, found them lawful and within the contours of Order XXIII Rule 3 CPC, directed the Trade Marks Registry, Mumbai to process the cancellation application expeditiously and preferably within four weeks of service of the order, directed respondent no. 1 to file an affidavit of compliance within one week, disposed of the petition alongwith pending applications, and cancelled the next date of hearing fixed for 10.09.2026.
