Sun Pharmaceutical Industries LTD vs. M S Sunmarker Pharmaceuticals & Anr.

The present suit was filed by the Plaintiff - Sun Pharmaceutical Industries Ltd., seeking permanent injunction restraining infringement of trade mark, passing off, unfair competition, rendition of accounts, etc., against the Defendants. It is the case of the Plaintiff that it has been using the marks “SUN”, “SUN PHARMA” and “SUN PHARMACEUTICALS”, since the year 1978, and has various registrations to that effect in class 5 – “Medicinal and Pharmaceutical Preparations”.

The grievance of the Plaintiff is that the Defendants have adopted the mark “SUNMARKER PHARMACEUTICALS” as a trade name and mark, as also the domain name www.sunmarkerpharma.com. The said mark was registered by the Defendants under No. 4381751, in class 35 – “retail services in relation to pharmaceutical preparations”.

Vide order dated 9th September, 2021, this Court had granted an ex- parte ad interim injunction in favour of the Plaintiff, in the following terms: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2026 at 23:36:07 “13. Accordingly, till further, orders, defendants, their partners, their assigns in business, licensees, franchisee, distributors, dealers stockists, retailers/chemists, are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal & pharmaceutical preparations under the impugned mark/ trade name/ domain name SUNMARKER and www.sunmarkerpharma.com or any other trade mark/trade name/domain name as may be deceptively similar to the plaintiffs trade mark SUN/ SUN PHARMA/ SUN PHARMACEUTICAL amounting to infringement of the plaintiff’s registered trademarks as tabulated in para 12 of the plaint and passing off of the plaintiff’s well- known trademark SUN/ SUN PHARMA/ SUN PHARMACEUTICAL.”

During the pendency of the suit, the Plaintiff and the Defendants have arrived at a settlement. An application under Order XXIII Rule 3 CPC has been jointly filed by the parties. The terms and conditions of the said settlement are contained in paragraphs 3(i) to 3(xv).

As per the terms of the Settlement Application, the Defendants broadly acknowledge the rights of the Plaintiff in the mark “SUN”, “SUN PHARMA” and “SUN PHARMACEUTICALS”, and undertake to refrain themselves, partners, distributors, from manufacturing, selling or offering for sale, any pharmaceutical preparations under the impugned mark, trade name, domain name, or any other identical or confusingly/deceptively similar mark. The Defendants have surrendered the GST registration number which was under the impugned mark. With regard to the stock of the Defendant’s pharmaceutical preparations, which was seized by the Local Commissioner, the same shall be destroyed by the Defendants. In respect of those pharmaceutical preparations which have not expired, the Defendant has agreed that the mark “SUNMARKER”, will be removed from the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2026 at 23:36:07 packaging, in the presence of the Plaintiff’s representative. The Defendants have been permitted to use the said stock thereafter. Furthermore, any stationery, packaging, labels, and promotional material bearing the impugned mark are also also be destroyed by the Defendants. The Defendants confirm by way of the Settlement Application that they have withdrawn the trade mark application No. 4381751, and have not filed any other application for registration of the impugned mark.

The Court has perused the terms of the Settlement Application. The same are lawful. The Settlement Application has been signed by the parties, as also by their respective Counsels. Affidavits of authorized signatories are annexed to the Settlement Application. There is no impediment in recording the same. Accordingly, the suit decreed in terms of paragraphs 3(i) to 3(xv) of the application. The parties and all other acting for or on their behalf shall be bound by the terms of the settlement.

Decree sheet be drawn. All pending applications are also disposed of. No order as to costs.

In terms of the Settlement Applications, 50% of the Court fee is refunded to the Plaintiff, through Counsel.

The Registrar of Trade Marks shall pass appropriate orders in respect of withdrawal of application no.4381751 filed by the Defendant in Class 35. 10. Copy of this order be communicated to the Trademark Registry (Address: Trademarks Registry, New Delhi, Boudhik Sampada Bhawan, Plot No.32, Sector 14, Dwarka, New Delhi-110078; Email: cgoffice- mh@nic.in, hodel.tmr@nic.in). PRATHIBA M. SINGH, J. JULY 27, 2022/dj/ss This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2026 at 23:36:07