Abbott Product Operations Ag & Anr. v. Medinox Pharmaceuticals & Ors.
Case brief
What is this about?
Abbott Product Operations AG & ANR v. Medinox Pharmaceuticals & ORS; CS(COMM) 426/2025 & I.A. 11479/2025; Delhi High Court; Justice Jyoti Singh; 05.02.2026; trademark infringement and passing off; DUPHAMED v. DUPHA family marks (DUPHALAC, DUPHALAC FIBER, DUPHAR, DUPHASTON, DUPHABEARS, DUPHAPRO); settlement decree via mediation (order dated 16.05.2025; Settlement Agreement 29.10.2025); Rs. 1,50,000/- token compensation; withdrawal of Trademark Application No. 5806231 Class 05; Defendant No. 3 non-contesting, no written statement; decree in terms of prayers (a)-(d) of para 119 of plaint; refund of court fee, Section 16 Court Fees Act 1870 r/w Section 89 CPC; suit disposed of with pending application.
What did the court decide?
Suit decreed against all Defendants in terms of the Settlement Agreement read with prayers (a)-(d) of paragraph 119 of the plaint (permanent injunction restraining infringement/passing off of DUPHAMED against the DUPHA marks, with reliefs of dilution, tarnishment, unfair competition, delivery up); Defendants No. 1 and 2 paid Rs. 1,50,000/- token compensation; Defendant No. 1 to withdraw Trademark Application No. 5806231 (Class 05) for DUPHAMED within 15 days; refund of entire Court fee certified in favour of ZEUIP Advocates LLP.