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Delhi HC directs Alkem Labs to submit stock details of Aldigesic Pain Relief in a trademark dispute

Gireesh Babu, New Delhi
Wednesday, June 22, 2022, 08:00 Hrs  [IST]

The Delhi High Court has directed Alkem Laboratories to submit details of the existing stock of its pain relief drug Aldigesic Pain Relief and an undertaking that it shall only sell the existing stock till any further orders by the trial court in its favour, in a trademark dispute.

The dispute between Laborate Pharmaceuticals and Alkem Laboratories resulted in the former approaching the Court against the latter and getting a favourable injunction order. Laborate Pharmaceuticals alleged that Alkem Laboratories has infringed its trademark and copyright as well as passing off with respect to its registered trademark Labdic Relief and packaging among others.

The Trial Court issued an ex parte ad-interim injunction order on May 30, restraining Alkem Laboratories from manufacturing, selling or dealing in pharmaceutical preparations under the mark under dispute, Aldigesic Pain Relief or any other market similar to the mark of Laborate Pharmaceuticals. It was also restrained from using its trade dress/product packaging and the blister packaging, alleged to be similar to Laborate’s packaging under ‘Landic Relief’.

On receiving the order, Alkem Laboratories filed an application seeking setting aside of the order and requesting permission to sell its existing stock, among other reliefs. The Trial Court in an order on June 9, 2022, refused to vacate the interim injunction, clarifying that Alkem Laboratories is not restrained from dealing in products bearing the trademark Aldigesic, and rejecting the prayer for sale of the existing stock.

Alkem Laboratories approached the division bench against this order and alleging that the ex-parte injunction was obtained by suppression of material facts, particularly that Alkem Lab is prior registrant of its trademark Aldigesic, as against Laborate Pharma’s registration for Labdic Relief. Both the products are palpably different and distinct with marked differences, among others.

The Division Bench comprising Justice Jyoti Singh and Justice Anoop Kumar Mendiratta, said that despite efforts such as proposals and counter proposals from the parties to settle the litigation, settlement could not be arrived at.

The Court observed that the public interest would be sub-served if the product of Alkem Lab is allowed to be sold in the market and there is no dispute to the quality of Alkem Laboratories’ product, which is a Schedule H drug.

The Bench said that the Trial Court is not justified in declining the relief of sale of the existing stock by Alkem Laboratories and the order on June 9 requires modification to this extent.

The Bench then ordered Alkem Laboratories to file an affidavit in the Court, within a week’s time, detailing the existing stock of the product in question along with the total value of the stock as well as an undertaking that it shall only exhaust the existing stock till any further order by the Trial Court in its favour. It also said that the entire account of sales of the existing stock sold from various locations, with dates of sales, shall be filed on record of the learned Trial Court, by way of an affidavit of an authorised signatory of Alkem Laboratories.

While modifying the Trial Court’s order to the extent, the Bench said that it is not expressing any opinion on the merits of the case and it is an interim arrangement without prejudice to the rights and contentions of the parties before the Trial Court.


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