Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 17 June 2026

Case Overview

  • Parties: Sun Pharmaceuticals Industries Ltd (appellant) vs West Coast Pharmaceutical Works Ltd & Anr (respondents).
  • Nature of dispute: Passing‑off action alleging that the respondents’ use of the trademark “ACICAL” was deceptively similar to the appellant’s product “ACUCAL”.
  • Procedural history:
  • Trial Court (City Civil Court, Ahmedabad) granted an ex‑parte injunction, later dismissed it on 23 Jan 2012, holding the products operated in different areas and the “ACUCAL” trademark was unregistered.
  • Gujarat High Court dismissed the appellant’s appeal on 20 Jun 2012.
  • Appeals (Civil Appeal Nos. 8254‑8255/2013) were filed before this Court; a stay was granted on 12 Sep 2013.
  • The appellant subsequently obtained registration for the trademark “ACUCAL”.
  • On 11 Oct 2024 the parties executed a Settlement Agreement whereby the respondents agreed to:
  • Cease and desist from dealing in any medical preparations under the trademark “ACICAL” or any deceptively similar marks.
  • Abandon their trademark application for “ACICAL”.
  • Also cease using the trademark “ACUCAL”.
  • Both parties agreed that the trial court order dated 23 Jan 2012 and the High Court order dated 20 Jun 2012 would be set aside and that an appropriate application would be filed for the same.
  • An application (IA No. 23575 of 2024) dated 14 Oct 2024 was filed seeking disposal of the appeals in accordance with the settlement.

Final Outcome

  • The Court, after hearing counsel for the appellant (respondents were absent), allowed the appeals and set aside the trial court order of 23 Jan 2012 and the Gujarat High Court order of 20 Jun 2012.
  • The Settlement Agreement dated 11 Oct 2024 is taken on record and forms part of this order.
  • All pending applications, if any, are also disposed of.
  • The respondents have a period of four months from the date of this order (17 Jun 2026) to approach the Court if they wish to object to the recording of the settlement and the disposal of the appeals.

Topics: Trademark Settlement, Pharma Industry, Court Decision