Delhi High Court bars use of NOVITAS after pharma giant Novartis alleges trademark violation

The Delhi High Court on February 3 passed an interim injunction restraining a pharmaceutical company from using the trademark "NOVITAS" in response to a trademark infringement suit filed by global pharmaceutical giant, Novartis [Novartis AG Vs Novitas]..Novartis contended that the mark "NOVITAS" was phonetically and visually similar to the Novartis trade name. Justice Mini Pushkarna found that Novartis had made out a prima facie case for the grant of interim relief and ordered the defendants not to use the NOVITAS name or any name similar to Novartis until the next hearing of the trademark case. “Till the next date of hearing, defendants, its directors, assignees in business, its associates, affiliates, franchisees, licensees, distributors, dealers, stockists, retailers, and agents are restrained from selling, offering for sale, advertising, directly or indirectly dealing in medicinal and pharmaceutical preparations under the impugned mark NOVITAS or any other trade mark/trade name as may be phonetically, visually and structurally deceptively similar to the plaintiffs’ trade mark(s) NOVARTIS," the Court ordered. .Novartis had filed a suit seeking a permanent injunction against the defendants for trademark infringement, passing off, dilution, unfair competition, and related damages. The pharma giant argued that the trade name NOVARTIS has been in use since 1996 and has built a worldwide reputation for high-quality pharmaceutical products. Novartis further stated that it has extensive domain name registrations and international trademark protections, including in India, dating back to 1996.According to Novartis, the defendant company adopted the mark NOVITAS as part of its trade name and corporate identity, which is nearly identical to NOVARTIS in both visual and phonetic aspects. Novartis became aware of the alleged infringement in July 2024 when it discovered the defendant’s website, www.novitaslifesciences.com, and its presence on e-commerce platforms like IndiaMart.Upon discovering the alleged infringement, Novartis issued a cease and desist notice to the defendants. However, the notice was not accepted by the defendants, prompting Novartis to take further legal action. In December 2024, Novartis found that the defendants had also applied for trademark registration of NOVITAS..The High Court observed that it is prima facie satisfied that the defendants’ use of NOVITAS closely resembled NOVARTIS. Therefore, permitting the defendants to continue using the mark would cause irreparable damage to the Novartis, the Court opined. Highlighting the potential harm and consumer confusion that may ensue if the defendants continued using the NOVITAS name, the Court granted an ex-parte ad-interim injunction against them.It however clarified that the defendants could carry on with their business using any other trademark. “It is clarified that the defendants are at liberty to carry on their business by adopting any other mark, which is not identical or deceptively similar to the mark of the plaintiffs,” the Court said. .The case will be heard next in July 2025. .Novartis was represented by Advocates Mamta Jha, Abhijeet Rastogi, Anjeeta Rani and Diksha..[Read Order]