Novartis Ag & Anr. v. Novasys Pharmaceutical Private Limited
Trade mark – Consent decree – Settlement under Order XXIII Rule 3 r/w Section 151 CPC
Case brief
What is this about?
Delhi High Court consent decree; trade mark infringement/passing off suit settled; NOVARTIS v NOVASYS pharmaceutical marks; Order XXIII Rule 3 r/w Section 151 CPC compromise decree; undertakings to cease use, take down listings, company name change with Registrar of Companies, product recall and destruction; refund of court fee Section 16 Court Fees Act 1870; Tushar Rao Gedela; April 2026; CS(COMM) 1063/2025.
What did the court decide?
Suit decreed in favour of the Plaintiffs in terms of settlement clauses 3(i) to 3(xiii) and prayer clause paras 50(a), (b) and (c) of the plaint: Defendant acknowledges Plaintiffs' proprietorship of the NOVARTIS mark, ceases use of NOVASYS and deceptively similar marks, takes down listings, changes its company name with the Registrar of Companies within 60 days, recalls and destroys infringing stock and materials, and forgoes future applications for similar marks; Plaintiffs forgo claims of damages, rendition of accounts, cost and delivery up; refund of Court Fee under Section 16 of the Court Fees Act, 1870 permitted; next date of hearing cancelled.