Delhi Highcourt restraints use of NOVATIS

The Delhi High Court issued an interim injunction on February 3, restraining a pharmaceutical company from using the trademark "NOVITAS" after Novartis filed a trademark infringement suit. Novartis argued that "NOVITAS" was visually and phonetically similar to its established trade name, "NOVARTIS." Justice Mini Pushkarna agreed that Novartis presented a prima facie case and prohibited the defendants from using the name "NOVITAS" or any confusingly similar mark until the next hearing.

The court order restricts the defendants from using the NOVITAS mark or similar marks in relation to medicinal and pharmaceutical products, including selling, offering for sale, or advertising products under the mark.

Novartis filed the suit seeking a permanent injunction against the defendants for trademark infringement, passing off, and unfair competition, as well as damages. Novartis emphasized that its trade name "NOVARTIS" has been in use since 1996 and has gained international recognition. The infringement was discovered in July 2024, and the defendants also attempted to register the NOVITAS trademark in December 2024.

The court clarified that the defendants could continue their business with a different, non-conflicting trademark. The case is set for a further hearing in July 2025.

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