Glaxo Group Limited & Anr vs Anand Jain, Trading As Jain Group/ ... on 10 March, 2026

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Delhi High Court - Orders

Glaxo Group Limited & Anr vs Anand Jain, Trading As Jain Group/ ... on 10 March, 2026

Bench: Tushar Rao Gedela

              $~36
              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
              +         CS(COMM) 215/2026
                        GLAXO GROUP LIMITED & ANR.                     .....Plaintiff
                                      Through: Mr. Urfee Roomi, Mr. Janaki Arun,
                                               Mr. Ritesh Kumar, Mr. Aneja
                                               Chaudhury and Ms. Angela Arora,
                                               Advocates.
                                      versus
                        ANAND JAIN, TRADING AS JAIN GROUP/ JANKEM LIFE
                        SCIENCE                                 .....Defendant
                                      Through:

                        CORAM:
                        HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                      ORDER

% 10.03.2026 I.A. 5950/2026 (Additional Documents)

1. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 („CPC‟) as applicable to commercial suits under the Commercial Courts Act, 2015 („CC Act‟) seeking leave to place on record additional documents.

2. The plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

3. Accordingly, the application stands disposed of. I.A. 5951/2026 (Pre-Institution Mediation)

4. This is an application filed by the plaintiff seeking exemption from instituting pre-litigation mediation under Section 12A of the CC Act.

5. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi:

(2024) 5 SCC 815, exemption from the requirement of pre-institution CS(COMM) 215/2026 Page 1 of 18 This is a digitally signed order.

6. The application stands disposed of.

I.A. 5952/2026 (Exemption)

7. This is an application filed on behalf of the plaintiff under Section 151 of CPC seeking exemption from filing clear and true typed copies of the documents.

8. Exemption is allowed, subject to all just exceptions. The clear and typed/translated copies of the documents with proper margins of the dim annexures be filed within four weeks with an advance copy to the defendant.

9. The application stands disposed of.

I.A. 5953/2026 (Seeking permission to file document in sealed cover)

10. This is an application under Section 151 of the CPC read with Rule 19(2) and (3) of the Delhi High Court Intellectual Property Rights Division Rules, 2022, filed on behalf of the plaintiff seeking permission to file documents in sealed cover.

11. For the reasons stated, the application is allowed. The confidential data relating to the sales figures and sales volumes of plaintiff's products be filed in a sealed cover within four weeks from date.

12. The application stands disposed of.

I.A. 5949/2026 (Order XXXIX Rules 1& 2, CPC)

13. Present application has been filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 of CPC, 1908 seeking ex-parte ad-interim injunction against the defendant.

14. Plaintiff claims to be headquartered in the United Kingdom and traces its routes to the year 1715. It claims to be operating in 75 countries worldwide and has manufacturing sites globally. The worldwide turnover of the plaintiff from the year 2014 to the year 2025 in a tabulated form is extracted hereunder:-

CS(COMM) 215/2026 Page 2 of 18

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 11/03/2026 at 21:39:01

15. The plaintiff claims to have made its presence in India since the year 1919 through distributors and commenced direct trading in the year 1924. Plaintiff no.2's predecessor in interest, H.J. Foster & Company Limited was incorporated in November, 1924 and changed its name to Glaxo Laboratories (India) Pvt. Ltd. in the year 1949. Subsequently, the plaintiff came to be known as GlaxoSmithKline Pharmaceuticals Limited. The annual sales figure of plaintiff no.2 for the year 2014 was Rs.3,35,854 Lakhs which increased to Rs.3,86,605 Lakhs in the year 2025.

16. The plaintiff claims to have been awarded many prestigious awards and recognitions for its contribution to the medicinal world in India. The details of some of such awards and recognitions are annexed as Document-16 to the plaint.

17. Plaintiff claims to have registered the trademark ZINETAC in India in Class 5 in the year 1985 and commenced the use of such mark from the year 1986. Documents to evidence use of trademark ZINETAC is annexed with the plaint as Document-17. Plaintiff claims that the mark ZINETAC is inherently distinctive and does not convey a description of the composition of plaintiff's pharmaceutical and medicinal products. Plaintiff also have sold pharmaceuticals and medicinal preparations bearing the plaintiff's mark and packaging featuring distinctive get-up and layout, sizes and shapes, CS(COMM) 215/2026 Page 3 of 18 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 11/03/2026 at 21:39:01 placement and arrangement of wordings and colour schemes. The essential features of the plaintiff's packaging from the year of first use is tabulated hereunder:-

CS(COMM) 215/2026 Page 4 of 18

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 11/03/2026 at 21:39:01 CS(COMM) 215/2026 Page 5 of 18 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 11/03/2026 at 21:39:01

18. Plaintiff claims that the continuous use of plaintiff's mark and packaging have led the consumers to associate the mark and packaging solely and exclusively with the plaintiff and owing to the distinctiveness, the packaging would constitute protectable trade dress under Section 2(1)(m) of the Trade Marks Act, 1999. It is also asserted that such packagings are original artistic works defined in the Copyright Act, 1957 and plaintiff would be the owner of the copyright in such artistic works.

19. Plaintiff states that in September, 2019, on account of suspicion of CS(COMM) 215/2026 Page 6 of 18 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 11/03/2026 at 21:39:01 impurity in goods containing the active ingredient Ranitidine, the plaintiff suspended production of goods containing the said ingredient. It voluntarily recalled its products including the tablets bearing trademark ZINETAC and packaging.

20. For the products which are subject matter of the present suit, the marketing figures of such products in the last few years in a tabulated form are extracted hereunder:-

ZINETAC AUGMENTIN CALPOL BETNESOL

21. Plaintiff has been extremely vigilant in protecting and enforcing its rights in trademarks and copyrights which is demonstrable by the list of CS(COMM) 215/2026 Page 7 of 18 This is a digitally signed order.

22. The defendant is one Mr. Anand Jain, trading as Jankem Life Science/Jain Group located in Indore, Madhya Pradesh and other locations detailed in para 37 of the plaint.

23. Plaintiff claims that in September, 2023, it gained knowledge that the defendant was involved in manufacture, marketing and sale of pharmaceuticals and medicinal preparations bearing the defendant's old marks and packaging which were identical/deceptively similar to the plaintiff's mark and packaging. The plaintiff claims that the investigation which was got conducted revealed that the defendant is using its old marks and packaging for products which were offered for sale both through the offline channels as also through the third party e-commerce websites. The extracts of webpages of third party websites are available as Document-27 to the plaint.

24. On 30.11.2023, a legal notice of cease and desist was issued to the defendant and the reminder was sent on 08.12.2023. Though by the response dated 12.12.2023, the defendant denied the contents of plaintiff's notice, however, agreed to cease the use of its old marks and packaging. On account of the fact that no compliance was reported, the plaintiff sent a number of reminders whereafter vide the reply dated 27.04.2024, the defendant requested for some time to discard the old marks and packaging. It appears that there were a number of correspondences exchanged between the parties in the interregnum and consequently, the defendant is stated to have executed an Undertaking on 31.07.2024 agreeing to completely cease use of old marks and packaging by 31.08.2024 and destroy all remaining inventory of goods bearing the defendant's old marks and packaging as well as takedown all online listings.

CS(COMM) 215/2026 Page 8 of 18

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 11/03/2026 at 21:39:01

25. Despite such Undertaking, it appears that the defendant did not comply with the terms therein, which was found by the plaintiff in the month of April, 2025. The investigations revealed that the defendant had launched medicinal and pharmaceuticals preparations bearing the marks BETAJAN and BETAJOX in new packaging, which was deceptively similar to plaintiff's packaging of its product BETNESOL. The online listings also featured products bearing the trademarks JANTAC and MOXYCROT. A cease and desist notice was yet again issued by the plaintiff on 26.05.2025 reminding the defendant of the Undertaking executed on 31.07.2024, followed by a number of reminders. Vide response dated 02.07.2025, the defendant denied the allegations.

26. The investigator appointed by the plaintiff was able to obtain samples of pharmaceuticals preparations bearing the new BETAJAN and BETAJOX packaging of the defendant under an invoice dated 22.09.2025 alongwith MOXYCROT tablets.

27. The side by side comparison of the rival marks and packaging alongwith the changes made by the defendant to his mark and packaging are extracted hereunder:-

CS(COMM) 215/2026 Page 9 of 18

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 11/03/2026 at 21:39:01 CS(COMM) 215/2026 Page 10 of 18 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 11/03/2026 at 21:39:01

28. Based on the above, the plaintiff seeks ex-parte ad-interim injunction against the defendant.

29. Having heard Mr. Urfee Roomi, learned counsel for the plaintiff and having perused the plaint and the documents annexed thereto, it appears that an ex-parte ad-interim injunction would be in order.

30. The comparative table in para 57 of the plaint and extracted above clearly evidences the deceptive similarity not only between the trademark CS(COMM) 215/2026 Page 11 of 18 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 11/03/2026 at 21:39:01 ZINETAC of the plaintiff and JANTAC mark of the defendant but also the trade dress of all the medicinal preparations enlisted in the said table. It has to be borne in mind that not only are the plaintiff and defendant manufacturing pharmaceutical medicinal preparations in Class-5, the consumer base too would be common. It is also a common knowledge that such medicinal preparations are sold over the counter on prescriptions usually on strips/blister packs. The comparison table evidently demonstrates the confusion that an unwary consumer would be confronted with while purchasing medicinal preparations and would be deceived into believing that the said products are those manufactured by the plaintiff or would associate the products of the defendant to be those of the plaintiff.

31. This Court has also perused the brochures of the products issued by the defendant for its medicinal preparations which also, prima facie, display the infringement of trade dress and packaging of the plaintiff. The invoice dated 22.09.2025 also demonstrates that the products of the defendant are available for sale in Delhi. That apart, the medicines also seem to be available on e-commerce websites which are interactive.

32. It would be relevant to consider the Undertaking dated 31.07.2024 executed by Mr. Anand Jain for and on behalf of the defendant. Para nos.5, 6, 7, 8, 9, 10 and 13 of the Undertaking dated 31.07.2024 are extracted hereunder:-

"5. I and/or Jankem recognize and acknowledges that GGL has sole and exclusive rights in the marks ZEVIT and ZINETAC (hereinafter referred to as the "GGL Marks"); and the distinctive get-ups and layouts or the packaging or GGL‟s BETNESOL, ZEVIT, ZINTAC and AUGMENTIN products (hereinafter referred to as the "GGL Packaging") (as shown in Anncxure-1) (the GGL Marks und GGL Packaging are hereinafter collectively referred to as the „GGL Marks and Packaging‟);

6. I undertake that I and/or Jankem will never, now, or in the future, challenge, or take my action against GGL‟s rights in the (a) GGL Marks,

(b) GGL Packaging, and/or (c) any other marks/packaging that GGL may CS(COMM) 215/2026 Page 12 of 18 This is a digitally signed order.

7. I and/or Jankem acknowledge that I/it have/has used, and/or continues to use, pharmaceutical preparations bearing one or more of the marks ZIVHIT and JANTAC (hereinafter referred to as the "Jankem Marks"), and the packaging of the BETAJAN, ZIVHIT, JANTAC and MOXYCROT products as shown in Annexure-II (hereinafter referred to as the "Jankem Packaging"). „Use‟, for the purpose of these undertakings, includes, but is not limited to, the manufacture, packaging, marketing, distribution and/or sale, including through Jankem's website, www.jankem.com, and third-party business listing, such as IndiaMart, and social media websites, Facebook, Instagram and X (formerly known as Twitter), etc., as well as use in marketing and promotional materials;

8. By August 31, 2024, I and/or Jankem undertake to cease any and all uses of (a) the Jankem Marks; (b) any marks that incorporate the Jankem Marks; (c) any marks that are identical/deceptively similar to the GGL Marks, whether alone or in conjunction with any other word(s) and/or device(s); (d) the Jankem Packaging; and/or (e) any packaging similar to the GGL Packaging, on and in relation to any medicinal and pharmaceutical products, or any allied/cognate/related goods and/or services, in any manner or form;

9. In the event that I/ and/or Jankem continue to hold onto any goods/materials, bearing (a) the Jankem Marks; (b) any marks that incorporate the Jankem Marks; (c) any marks that are identical/deceptively similar to the GGL Marks, whether alone or in conjunction with any other word(s) and/or device(s); (d) the Jankem Packaging; and/or (e) any packaging similar to the GGL Packaging, I and/or Jankem undertake to destroy any goods/materials, at my own cost, by September 1, 2024, and provide proof of destruction and complete cessation of use, to GGL‟s Indian counsel, Sujata Chaudhary IP Attorneys, by September 2, 2024. It is understood that cessation of use includes complete destruction of any inventory of finished or unfinished products, and any other materials, such as advertising, promotional and packaging materials, whether or not affixed to finished or unfinished products including packaging, moulds, etc. that are stored/lying at the premises of Jankem, as well as any such goods/materials that are stored/lying at any other premises that are under my or in Jankem‟s control;

10. I and/or Jankem undertake that, within a period of ten (10) days from the Effective Date, I/Jankem will file, at our own cost, takedown requests, and ensure the takedown of all online listings, including, but not limited to, listings on the website located at www.jankem.com, listings on third-party business listing websites, and listings on social media pages on Facebook, Instagram and X (formerly known as Twitter) bearing reference to bearing

(a) the Jankem Marks; (b) any marks that incorporate the Jankem Marks;

(c) any marks that are identical/deceptively similar to the GGL Marks, CS(COMM) 215/2026 Page 13 of 18 This is a digitally signed order.

(d) the Jankem Packaging; and/or (e) any packaging similar to the GGL Packaging, and will provide proof of filing/takedown of the listings to GGL's Indian counsel within five (5) working days thereafter;

xxx xxx xxx

13. I and/or Jankem undertake that I and/or Jankem will not, either directly or indirectly, through a related person, entity or otherwise, cause, enable or assist another party to do any of the acts that it is undertaking not to do;"

33. It appears from the records that the defendant is refusing to comply with its own Undertaking dated 31.07.2024 and is continuing to use the mark and packaging deceptively similar to the plaintiff. Even the original artistic works of which the plaintiff would be the owner as per the provisions of the Copyrights Act, 1957 also appear to be, prima facie, infringed by the defendant.

34. The plaintiff evidently has a prima facie strong case. Having regard to the trademark registrations in favour of the plaintiff and the Undertaking dated 31.07.2024 executed by the defendant, the balance of convenience appears to be tilted in favour of the plaintiff. Irreparable loss and injury which may not be adequately compensated in monetary terms could be suffered by the plaintiff in case immediate ex-parte ad-interim injunction is not granted in its favour.

35. In view of the aforesaid, the defendant, any other individuals, officers, managers, employees, agents, dealers, licensees, companies and retailers, stockists, chemists, or any persons/entities that are related or affiliated to the defendant, as the case may be, and all others, acting for and on behalf of the defendant, individually or collectively, are restrained from manufacturing, exporting, offering for sale, selling, displaying, advertising, marketing, whether directly or indirectly, and whether on the Internet or otherwise, ointments, tablets, and any other pharmaceutical and medicinal preparations bearing the defendant's mark and packaging, the defendant's old marks and CS(COMM) 215/2026 Page 14 of 18 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 11/03/2026 at 21:39:01 packaging of, (i) JANTAC , ; (ii) MOXYCROT , ; (iii) BETAJAN , ; (iv) BETAJOX , , , ;

CS(COMM) 215/2026 Page 15 of 18

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 11/03/2026 at 21:39:01

(v) ZIVHIT ; (vi) RANIJOX ;

(vii) PARAJAN ; and/or any other mark or packaging that is identical/deceptively similar to the plaintiff's mark and packaging, (i) ZINETAC ;

(ii) AUGMENTIN ;

CS(COMM) 215/2026 Page 16 of 18

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 11/03/2026 at 21:39:01

(iii) CALPOL ; and,

(iv) BETNESOL .

36. Issue notice.

37. Let a reply to this application be filed by the defendant within four weeks from service. Rejoinder, thereto, if any, be filed within two weeks thereafter.

38. Compliance of Order XXXIX Rule 3 of CPC shall be done within ten days from date.

CS(COMM) 215/2026

39. Let the plaint be registered as a suit.

40. Upon filing of the process fee, issue summons of the suit to the defendant through all permissible modes.

41. The summons shall state that the Written Statement shall be filed by CS(COMM) 215/2026 Page 17 of 18 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 11/03/2026 at 21:39:01 the defendant within 30 days from the date of the receipt of summons. Alongwith the Written Statement, the defendant shall also file Affidavit of Admission/Denial of the documents of the plaintiff, without which the Written Statement shall not be taken on record.

42. Liberty is granted to the plaintiff to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the plaintiff, an Affidavit of Admission/Denial of the documents of defendant be filed by the plaintiff, without which the Replication shall not be taken on record.

43. In case any party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

44. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

45. List before the Joint Registrar (Judicial) on 14.05.2026 for completion of service and pleadings.

46. List before the Court on 03.09.2026.

TUSHAR RAO GEDELA, J MARCH 10, 2026/kct CS(COMM) 215/2026 Page 18 of 18 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 11/03/2026 at 21:39:01

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