Trade mark dispute between Cipla Health and Aristo Pharmaceuticals over OLYTE/ARISTOOLYTE marks settled amicably. Defendants agreed to discontinue use of the disputed mark, cancel registrations, and destroy cartons. Suit decreed in terms of settlement; 75% court fee refund granted.
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$~1 (Original Side)
CIPLA HEALTH LIMITED .....Plaintiff Through: Ms. Archana Sahadeva and Mr. Harshit Bhoi, Advs.
ARISTO PHARMACEUTICALS PVT. LTD. & ANR.
.....Defendants
Through: Mr. Sagar Chandra, Mr. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advs. for D-1.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 16.02.2026
I.A. 4316/2026 ( Order XXIII Rule 3 of the CPC )
“2. It is submitted that after multiple discussions and deliberations, in order to amicably resolve the dispute between the Parties, without admission of liability or guilt, and without going into the merits of the case; the Parties (the Plaintiff and the Defendants) have decided to settle their disputes and the terms of Settlement are as under:
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a. Defendant No. 1 agrees and undertakes that it shall discontinue the use of the Trade Mark 'OLYTE/ ARISTOOLYTE' in Classes 5 and 32, in respect of goods being "Ready to serve/drink Energy Drinks"/ "Medicinal and Pharmaceutical Preparations"/ "Beers" I "Mineral and Aerated Waters and other Non-Alcoholic Drinks" I "Fruit Drinks and Fruit Juices"/ "Syrups and Other Preparations for Making Beverages" in perpetuity.
b. Defendant No. 1 agrees and undertakes to apply for cancellation/removal of the following Trade Mark registrations obtained by it, within a period of one month from the date of signing the present application:
| Sr. | Application | Mark | Class |
|---|---|---|---|
| No. | No. | ||
| 1. | 3221907 | O-LYTE | 32 |
| 2. | 3485419 | ARISTO OLYTE | 32 |
| 3. | 3568688 | ARISTO OLYTE ORS | 5 |
c. It is submitted that Defendant No. 2 manufactured goods bearing the Trade Mark 'OLYTE/ ARISTO OLYTE' on behalf of Defendant No. 1. In view of Defendant No. 1 discontinuing these use of the Trade Mark 'OL YTE/ ARISTO OLYTE', Defendant No. 2 agrees and undertakes that it has discontinued the manufacturing of products of Defendant No. 1 being "Ready to serve/drink Energy Drinks"/ "Medicinal and Pharmaceutical Preparations"/ "Beers" I "Mineral and Aerated Waters and other NonAlcoholic Drinks" I "Fruit Drinks and Fruit Juices"/ "Syrups and Other Preparations for Making Beverages" which bear the Trade Mark OLYTE/ ARISTOOLYTE'.
d. It is submitted that as on 27" October, 2025, Defendant No. 1 held a stock of 2,50,000 units of products under the Trade Mark OLYTE/ ARISTO OL YTE'. Details of the last manufactured batch by Defendant No. 2 on behalf of Defendant No.1 are as
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under:
| Batch No. | A005064 |
|---|---|
| Manufacturing Date | June, 2025 |
| Expiry Date | November, 2026 |
It is mutually agreed between the Plaintiff and Defendant No. 1 that the aforementioned stock would be exhausted on or before April 30, 2026. Further, it is also agreed and understood between the Plaintiff and the Defendants that no new batches would be manufactured by and/or on behalf of Defendant No. 1 during this period, under the Trade Mark ‘OLYTE/ ARISTO OLYTE’.
e. Defendant No. 2 agrees and undertakes that it does not have any finished goods under the Trade Mark OLYTE/ ARISTO OLYTE' in its power, possession or custody. Defendant No. 2 further undertakes that it has in its possession, only 2270 Nos. of empty Cartons bearing the Trade Mark ·OLYTE/ ARISTO OLYTE'. Defendant No. 2 agrees and undertakes to destroy the aforementioned 2270 empty Cartons bearing the Trade Mark ‘OLYTE/ ARISTO OLYTE’ within 15 days of signing the present Joint Settlement Application.
f. Defendant No. 1 is already a Registered Proprietor of the Trade Mark "ARISTOLYTE" in Class 5 under Application No. 3221905 for goods being "Medicinal and Pharmaceutical Preparation" and in Class 32 under Application No. 3221909 for goods being "Beers; Mineral and Aerated Waters and other Non-Alcoholic Drinks; Fruit Drinks and Fruit Juices; Syrups and other preparations for making Beverages".
g. Defendant No. 1 has decided to use its Registered Trade Mark 'ARISTOLYTE' in reference to its goods including but not limited to "Ready to serve/drink Energy Drinks"/ "Medicinal and Pharmaceutical Preparations"/
This is a digitally signed order.
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"Beers"/ "Mineral and Aerated Waters and other NonAlcoholic Drinks"/ "Fruit Drinks and Fruit Juices"/ "Syrups and Other Preparations for Making Beverages". The Plaintiff undertakes that it shall not, either directly or indirectly, itself or through any third party, object/ dispute/ challenge the adoption and/ or use of the mark 'ARISTOL YTE' by the Defendant No. 1 in relation to goods including but not limited to "Ready to serve/drink Energy Drinks"/ "Medicinal and Pharmaceutical Preparations"/ "Beers"/ "Mineral and Aerated Waters and other Non-Alcoholic Drinks"/ "Fruit Drinks and Fruit Juices"/ "Syrups and Other Preparations for Making Beverages". It has been further agreed between the Parties that Defendant No. 1 will be at liberty to get its products under the Trade Mark 'ARISTOL YTE' manufactured by Defendant No. 2 and the Plaintiff has no objection to the same. For the sake of clarity it is specified that the word ARISTOLYTE shall at all times be depicted as one word, without any hyphen (s) / space, in the same colour, font and size and it shall, at no time, be depicted in a manner so as to give an impression that it is two different words combined together.
h. Subject to the contents of Clause 2(g) herein above, the Plaintiff agrees and undertakes that it shall not, either directly or indirectly, itself or through any third party, object to Defendant No. 1 's Trade Mark Application/s in class/es 5 and 32, whether registered or unregistered filed for the Brand Name/Trade Mark "ARISTOLYTE" presently and in the future and shall not object/ oppose/ challenge the validity of the same before the Trade Marks Registry or any other judicial or quasijudicial fora in India in the future.
i. The Parties herein confirm and declare that they have voluntarily and of their own free will arrived at the present Settlement Terms and that the same shall be binding upon both the Parties, along with their Directors,
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Wholly Owned Subsidiaries, Nominees, Successors, Subsequent Assignees, Officers, Employees, Agents, Proprietors, Partners, Servants and Assigns, and all those acting for and on their behalf and the Parties hereto also confirm and agree that any violation of the present Settlement Terms would amount to contempt of the orders of this Hon'ble Court.
j. The Parties agree that in view of the above undertakings and acknowledgements, the present Suit and the pending Applications may be disposed of in terms of the present Joint Settlement Application.
k. By signing and executing the present Joint Settlement Application, the Parties hereto agree and state that they have no further claims or demands against each other in relation to the subject matter of the Suit and all the disputes and differences in the Suit have been amicably settled by the Parties hereto.”
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compromise entered inter-se the plaintiff and the defendants, prays that since the dispute inter se them have been settled, the present suit be decreed in the terms of aforesaid settlement as recorded in para 2 of the application bearing no. I.A. 4316/2026.
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the application bearing no. I.A. 4316/2026, shall form a part of the decree sheet.
SAURABH BANERJEE, J.
FEBRUARY 16, 2026/ bh
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1 issue framed by the court
Whether the joint settlement terms regarding the OLYTE/ARISTOOLYTE trade mark dispute were lawful and the suit could be decreed accordingly?
2 provisions across 2 enactments
Cipla Health Limited
Aristo Pharmaceuticals Pvt. Ltd.
Defendant No. 2 (manufacturer)
Saurabh Banerjee
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
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