Madras High Court Decrees Trademark Infringement Suit: Apex
Laboratories Secures Protection for “ZINCOVIT” Against “ZINCOVIS”
Introduction
In a significant
trademark infringement dispute, the Madras High Court has granted relief in
favour of Apex Laboratories Pvt. Ltd., the proprietor of the well-known
trademark “ZINCOVIT”, against the use of the mark “ZINCOVIS” by
Zota Healthcare Ltd. and Necon Pharmaceutical. The Court passed a decree based
on a settlement reached between the parties, thereby protecting the plaintiff's
trademark rights and preventing further use of the allegedly infringing mark.
Case
Details
Case Title:
Apex Laboratories Pvt. Ltd. v. Zota Healthcare Ltd. & Another
Court: High Court of Judicature at Madras
Case No.: C.S. (Comm. Div.) No. 288 of 2025
Date of Judgment: 30 March 2026
Judge: Justice Senthilkumar Ramamoorthy
Background
of the Dispute
Apex Laboratories Pvt.
Ltd., the owner of the registered trademark “ZINCOVIT”, instituted a
commercial suit alleging trademark infringement, copyright infringement, and
passing off against the defendants.
The plaintiff contended
that the defendants were marketing products under the mark “ZINCOVIS”,
which was deceptively similar to the registered trademark “ZINCOVIT”.
According to the plaintiff, such use was likely to cause confusion among
consumers and dilute the goodwill associated with its established brand.
The plaintiff also
alleged that the defendants had copied the colour scheme, get-up, layout, and
artistic features of the ZINCOVIT packaging, thereby infringing its registered
copyright.
Reliefs
Claimed by the Plaintiff
The plaintiff sought
multiple remedies, including:
1. Permanent Injunction
Against Trademark Infringement
A restraint order
preventing the defendants from using the mark “ZINCOVIS” or any other
mark deceptively similar to “ZINCOVIT”.
2. Permanent Injunction
Against Copyright Infringement
An order restraining the
defendants from using labels, artistic works, colour combinations, packaging
designs, and layouts substantially similar to those of the plaintiff.
3. Injunction Against
Passing Off
A direction prohibiting
the defendants from presenting their products in a manner likely to mislead
consumers into believing that the products originated from or were associated
with the plaintiff.
4. Destruction of
Infringing Materials
The plaintiff also sought
surrender and destruction of all products, labels, cartons, moulds, packaging
materials, and other articles bearing the impugned mark.
5. Rendition of Accounts
and Profits
A request for disclosure
of profits earned through the use of the disputed mark and payment of such
profits to the plaintiff.
Settlement Between the
Parties
During the pendency of
the proceedings, the parties entered into a Joint Memorandum of Compromise
dated 25 March 2026.
Under the settlement:
- The defendants agreed to change their
trademark.
- The parties requested the Court to
dispose of the suit in terms of the compromise.
- The plaintiff agreed to relinquish
its claims relating to destruction of goods and rendition of accounts of
profits.
- The defendants accepted the
injunctions relating to trademark infringement, copyright infringement,
and passing off.
Findings of
the Court
It is observed that:
- The parties had voluntarily settled
the dispute.
- The compromise had been duly executed
and signed by the authorized representatives of all parties.
- There was no legal impediment to
granting a decree in terms of the settlement.
Accordingly, the Court
decreed the suit in favour of the plaintiff with respect to the injunction
reliefs and recorded the compromise between the parties.
Final Order
The Madras High Court:
·
Granted permanent injunction against
infringement of the trademark “ZINCOVIT”.
·
Granted permanent injunction against
copyright infringement relating to the plaintiff’s packaging and artistic work.
·
Granted permanent injunction against
passing off.
·
Closed the connected applications.
·
Passed no order as to costs.
Conclusion
The decision in Apex
Laboratories Pvt. Ltd. v. Zota Healthcare Ltd. & Another reiterates the
importance of safeguarding trademark rights and trade dress in the
pharmaceutical industry. By granting injunctive relief and recording the
settlement reached between the parties, the Madras High Court ensured
protection of the goodwill associated with the “ZINCOVIT” brand while
facilitating an amicable resolution of the dispute.
Disclaimer: All the Information is based on the notification, circular advisory and order issued by the Govt. authority and judgement delivered by the court or the authority information is strictly for educational purposes and on the basis of our best understanding of laws & not binding on anyone.
Click here
