Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 17 June 2026

Case Overview

  • Parties: M/S Sun Pharmaceuticals Industries Ltd (appellant) vs M/S West Coast Pharmaceutical Works Ltd and another respondent.
  • Dispute: Passing‑off action alleging that the respondent’s use of the trademark "ACICAL" was deceptively similar to the appellant’s product "ACUCAL".
  • Timeline: Suit filed; trial court granted ex‑parte injunction, later dismissed on 23 Jan 2012; High Court upheld dismissal on 20 Jun 2012; appeals (Civil Appeal Nos.8254‑8255/2013) filed; appellant obtained registration of "ACUCAL"; settlement agreement executed on 11 Oct 2024; application IA No.23575 filed on 14 Oct 2024 seeking disposal of appeals; hearing on 17 Jun 2026, respondents absent.
  • Settlement terms: Respondents to cease and desist from using "ACICAL" or any similar marks, abandon their "ACICAL" trademark application, and also cease using "ACUCAL". Both parties will apply to set aside the 23 Jan 2012 City Civil Court order and the 20 Jun 2012 Gujarat High Court order.

Final Outcome

  • The Supreme Court set aside the 23 Jan 2012 City Civil Court order and the 20 Jun 2012 Gujarat High Court order.
  • Appeals 8254‑8255/2013 are disposed of in accordance with the settlement; the settlement agreement is recorded as part of this order.
  • Respondents have four months from the order date to approach the Court if they wish to object to the recording of the settlement.

Topics: Trademark Dispute, Pharma Industry