Emcure Pharmaceuticals Limited v. Wellhub India Private Limited & Ors.
Case brief
What is this about?
Consent decree, Delhi High Court, CS(COMM) 1327/2025, decided 14.05.2026 by Justice Tushar Rao Gedela. Trademark/trade dress dispute settled out of court: Emcure Pharmaceuticals (plaintiff, 'OROFER/OROFER XT') v. Wellhub India Pvt. Ltd. & Ors. (defendants, 'ORAFER/ORAFER XT'). Defendants acknowledged plaintiff's registration, copyright in packaging and well-known status; undertook non-use, e-commerce take-downs (15 days + 48 hours proof), social media removal, stock confirmation and destruction of materials, and no future conflicting applications; paid Rs. 50,000/- legal costs; fixed damages INR 10,00,000/- on breach; permanent injunction decree per prayer clauses 64(a)-(c). Decree passed under Order XXIII Rule 3 CPC; court fees refunded under Section 16, Court Fees (Delhi Amendment) Act, 2026; suit decreed and disposed with pending applications; fixed dates cancelled. No precedents cited.