Delhi High Court - Orders
Novartis Ag & Anr vs Novarise Pharmachem Private Limited on 9 September, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 950/2025 & I.A. 22124-22128/2025
NOVARTIS AG & ANR. .....Plaintiffs
Through: Ms. Mamta Rani Jha, Ms. Anupriya
Shyam and Ms. Anjeeta Rani, Advs.
versus
NOVARISE PHARMACHEM
PRIVATE LIMITED .....Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 09.09.2025 I.A. 22127/2025 (under Section 151 of CPC, 1908 (as amended by the Commercial Courts Act, 2015)
1. This application under Section 151 of the Code of Civil Procedure, 1908 ['CPC'], has been filed by the Plaintiffs seeking exemption from filing clear/true typed copies of the dim/illegible documents within two (2) weeks.
2. The clear/true typed copies of the dim/illegible documents shall be filed within two (2) weeks.
3. Accordingly, the application stands disposed of. I.A. 22125/2025 (application under Order XI Rule 1(4) read with Section 151 of the Code of Civil Procedure, 1908 (as amended by The Commercial Courts Act, 2015) CS(COMM) 950/2025 Page 1 of 10 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 10/09/2025 at 22:49:18
4. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ('CPC') [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')] read with Section 151 CPC, within thirty (30) days.
5. The Plaintiffs, if they wish to file additional documents, shall file the same within thirty (30) days from today, and they shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').
6. For the reasons stated in the application, the same is allowed.
7. Accordingly, the application is disposed of.
I.A. 22126/2025 (application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the Code of Civil Procedure, 1908 (as amended by The Commercial Courts Act, 2015)
8. This is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 CPC, filed by the Plaintiffs seeking exemption from instituting pre-institution mediation.
9. Having regard to the facts that the present suit contemplates urgent interim relief, and in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the plaintiff.
10. Accordingly, the application stands disposed of. I.A. 22128/2025 (application under Section 148 read with Section 151 of the Code of Civil Procedure, 1908, seeking extension of time for filing court fees) 1 (2024) 5 SCC 815 CS(COMM) 950/2025 Page 2 of 10 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 10/09/2025 at 22:49:18
11. This is an application filed by the Plaintiffs seeking an extension of time for filing the court fee.
12. Learned counsel for the Plaintiffs states that the court fee has already been applied for and the court fees certificate will be deposited within three (3) days.
13. Accordingly, the application stands disposed of. CS(COMM) 950/2025
14. Let the plaint be registered as a suit.
15. Summons be issued to the Defendant by all permissible modes on filing of the process fee. An affidavit of service shall be filed within two (2) weeks.
16. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file an affidavit of admission/denial of the documents filed by the Plaintiffs, failing which the written statement shall not be taken on record.
17. The plaintiff(s) are at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement. The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by the Defendant, failing which the replication(s) shall not be taken on record.
18. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
19. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
CS(COMM) 950/2025 Page 3 of 10This 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 10/09/2025 at 22:49:18
20. List before the learned Joint Registrar (J) on 17.10.2025.
21. List before Court on 10.03.2026.
I.A. 22124/2025 (application on behalf of the plaintiffs under Order XXXIX, Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 seeking ad-interim injunction against the defendant)
22. This is an application filed by the Plaintiffs under Order XXXIX, Rules 1 and 2, read with Section 151 of CPC, seeking an ad-interim injunction against the Defendant.
23. The present suit pertains to Plaintiff's intellectual property rights in the tradename/trademark 'NOVARTIS', and the use of the impugned tradename/ trademark 'NOVARISE' by the Defendant.
24. Ms. Mamta Rani Jha, counsel for the Plaintiffs, sets up the Plaintiffs' case as under:
24.1. Plaintiff No.1 is one of the leading companies in the world carrying on business through its affiliates, inter alia, of manufacturing, marketing, research, and development of pharmaceutical products and services in relation thereto.
24.2. Plaintiff Nos. 1 and 2 are parts of the Novartis Group ('Plaintiffs').
The products produced by Plaintiff No.1 are marketed and sold by Plaintiff No.2 and other group companies like Novartis India Limited under their well-known Trademark/Tradename 'NOVARTIS'.
24.3. The Plaintiffs have adopted the Trade Mark 'NOVARTIS' in 1996 and have been using the said Trade mark extensively, in India as well as globally. As a consequence of the high standard of quality of the medicines and allied products, the trademark 'NOVARTIS' has acquired enviable CS(COMM) 950/2025 Page 4 of 10 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 10/09/2025 at 22:49:18 goodwill and reputation in the market.
24.4. The earliest registration of NOVARTIS in India is dated 28.02.1996 under Registration No. 700020 in Class 5. Plaintiffs' registrations have been set out in paragraph '21' of the plaint.
24.5. The trade mark/trade name/house mark/company name 'NOVARTIS' connotes and denotes the trade origin and the source of goods as originating from the plaintiffs and no one else, the world over, including India. The trademark 'NOVARTIS' is thus the key and distinguishing feature of the trade name/house mark/company name of Novartis Group Companies. 24.6. The Plaintiffs also have several domain name registrations reflecting the name 'NOVARTIS'. An illustrative list of such domain name registrations has been set out in paragraph '12' of the plaint, which are actively being used in several jurisdictions for dealing in products and services originating from the Novartis Group Companies, including the Plaintiff's.
24.7. The sales figures of the Plaintiffs have been tabularised in paragraph '22' of the plaint. Plaintiff No.1, through its subsidiary, had a sales turnover of Rs. 355.3 crores in the financial year of 2023-2024 in India. 24.8. On account of long and continuous use, extensive advertising campaign, high sales figures, and strong quality control, the Trade Mark 'NOVARTIS' has acquired significant goodwill and reputation in the Indian market.
24.9. The Plaintiff's Trade Mark 'NOVARTIS' has been declared as a well- known trade mark by the Trade Marks Registry in India and has been included in the list of well-known Trade Marks by the Registry. 24.10.In view of the above, it is stated that the said Trade Mark of the CS(COMM) 950/2025 Page 5 of 10 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 10/09/2025 at 22:49:18 Plaintiffs is entitled to the highest degree of protection against any nearly identical/deceptively similar mark of any other third party. Knowledge about the Defendant 24.11.The Defendant, incorporated on 27.06.2024, is engaged in the business of providing raw material and intermediate chemicals for pharmaceutical products under the trade name/ corporate name 'NOVARISE' ('impugned mark').
24.12.In September 2024, the Plaintiffs came across the Defendant's LinkedIn page https://in.linkedin.com/company/novarise-pharmachem-pvt- ltd, wherein the Defendant has claimed to be engaged in the business of "trading, sourcing and contract manufacturing of APIs, intermediaries, semi- formulations, formulations, excipients, nutraceuticals and many other categories".
24.13.A cease-and-desist notice and a rejoinder dated 12.09.2024 and 04.11.2024 were issued respectively to the Defendant, calling upon the Defendant to cease use of the impugned mark as part of its Trade/Corporate name. However, vide replied dated 21.09.2024 and 21.11.2024, the Defendant denied similarity between 'NOVARTIS' and 'NOVARISE', citing that the impugned mark was conceived independently for its business and that the trade channels and customer segments were different. In its reply, Defendant asserted that the name 'NOVARISE' is the name of the market town in the Czech Republic and has been adopted due to the association of the said term with growth and development. 24.14.In August 2025, the Plaintiffs yet again came across the Defendant's business listing on the e-commerce platforms India Mart and TradeIndia, offering its goods for sale and supply all across India, including Delhi. The CS(COMM) 950/2025 Page 6 of 10 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 10/09/2025 at 22:49:18 listings show that the Defendant is proposing sales of pharmaceuticals tablets. These e-commerce platforms let consumers share their product requirements with the Defendant and also offer an option to "chat with the seller".
24.15.It is stated that the Plaintiffs have no objection to the business of the Defendant; however, they are aggrieved with the adoption of the impugned mark as a part of its tradename/corporate name, which is phonetically and visually deceptively similar to the Plaintiffs' prior adopted registered and well-known trade mark/ trade name 'NOVARTIS'. It is stated that since Defendant will invariably use the impugned mark as a house mark for its product, there is bound to be consumer confusion, especially in the pharmaceutical business.
24.16.The Defendant's adoption of the impugned mark is deliberate and calculated, achieved by merely omitting the letter 'T' from the registered trade mark 'NOVARTIS' and adding the letter 'E' at the end. Such trivial alterations neither change the overall structure nor materially affect the phonetic similarity of the marks.
24.17.The adoption and use of the deceptively similar impugned mark by the Defendant for dealing in the same field of business will certainly cause confusion and deception amongst the consumers regarding the source of such goods and their association with the Plaintiff's business, which may lead to significant losses to the Plaintiffs.
24.18.An unwary consumer of average intelligence and imperfect recollection will get confused between the competing marks on account of the commonality of trade channels and class of consumers. 24.19.The Defendant is guilty of violating Plaintiffs' statutory right of CS(COMM) 950/2025 Page 7 of 10 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 10/09/2025 at 22:49:18 exclusive use of the Trade Mark 'NOVARTIS', and there is no justifiable reason for the Defendant to adopt a Trade Mark which is almost identical to Plaintiffs' well-known Trade Mark. Hence, the Defendant's Mark 'NOVARISE' is deceptively similar to the Plaintiff's Mark 'NOVARTIS' and ought to be injuncted.
25. This Court has heard the learned counsel for the Plaintiff and perused the record.
26. Learned counsel for the Plaintiff states that advance service of the suit paper-book was served upon the Defendant, by email, on which parties have corresponded. However, none appears on behalf of the Defendant.
27. A bare perusal of the plaint and comparison of the marks, it is prima facie evident that the Impugned Mark 'NOVARISE' is visually, phonetically, structurally, and deceptively similar to the Plaintiff's well- known registered mark 'NOVARTIS'. The Defendant's trade name clearly suggests that it intends to primarily foray into the business of pharmaceuticals, and even the e-listings on Indiamart and TradeIndia placed on record show pharmaceuticals as the listed product offered by the Defendant.
28. This is a case of triple identity where the Mark is deceptively similar, the product category is identical, and the trade channel, as well as the consumer base, is identical. The Plaintiffs, being the prior user, adopter, and the registered owner of the Mark 'NOVARTIS', are entitled to protection. The explanation offered by the Defendant for adopting the impugned mark is incredulous and fails to persuade this Court at this prima facie stage. To an unwary consumer of average intelligence and imperfect recollection, the marks are likely to appear identical, thereby leading to confusion regarding CS(COMM) 950/2025 Page 8 of 10 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 10/09/2025 at 22:49:18 the source or origin of the pharmaceutical products sold by the entities.
29. In the overall conspectus, Plaintiffs have made out a prima facie case for the grant of injunction against the Defendant. This court is satisfied that if ad interim injunction is not granted at this stage, irreparable harm/ injury would be caused to the Plaintiff. Balance of convenience also lies in favour of the Plaintiffs, and against the Defendant.
30. Accordingly, until the next date of hearing, the following direction is issued:
i. Defendant, its agencies in business, associates, affiliates, franchisees, licensees, distributors, dealers, stockists, retailers, and agents are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in pharmaceuticals preparations under the impugned mark 'NOVARISE' or any other trade mark/trade name as may be phonetically, visually and structurally identical/ deceptively similar to the Plaintiffs' trade mark 'NOVARTIS' amounting to infringement of registered trade mark, passing off, dilution and unfair competition.
31. Issue Notice to the Defendant, through all permissible modes, upon filing of process fees, returnable on the next date of hearing.
32. Compliance with Order XXXIX Rule 3 of CPC be done within a period of two (2) weeks from today.
33. List before the learned Joint Registrar (J) on 17.10.2025.
34. List before Court on 10.03.2026.
35. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No CS(COMM) 950/2025 Page 9 of 10 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 10/09/2025 at 22:49:18 physical copy of the order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J
SEPTEMBER 9, 2025/msh/aa
CS(COMM) 950/2025 Page 10 of
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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 10/09/2025 at 22:49:18