Saga Lifesciences Limited Vs. Indian Herbo Pharma

Case Title: Saga Lifesciences Limited Vs. Indian Herbo Pharma:Date of Order: 08 April 2025:Case Number: CS(COMM) 319/2025:Name of Court: High Court of Delhi at New Delhi:Name of Judge: Hon’ble Mr. Justice Amit Bansal

Brief Facts:

The plaintiff, Saga Lifesciences Limited, is a pharmaceutical company established in 1981, certified as a Star Export House and the registered proprietor of the trademark “VITARICH” (Registration No. 5421195, Class 5, with user claim from 25 July 2003). The company has built substantial goodwill and market reputation through continuous use of the mark, marketing, and listing on leading platforms.

Nature of Dispute:

The plaintiff discovered that the defendant, Indian Herbo Pharma, was selling pharmaceutical products under the mark “VITA RICH GOLD,” which is deceptively similar to the plaintiff’s registered mark “VITARICH.” The defendant's products were being sold through similar channels including e-commerce and their own website. The plaintiff claimed this amounted to trademark infringement and passing off.

Discussion by the Judge:

The Court found that the plaintiff had established both statutory and common law rights over the mark “VITARICH.” It held that the defendant’s mark “VITA RICH GOLD” was deceptively similar, differing only by the addition of the laudatory term “GOLD.” The use was in relation to identical products, making it likely to cause confusion and deception. The Court observed that the balance of convenience favoured the plaintiff, and continued use of the impugned mark would cause irreparable harm.

Decision:

An ex parte ad-interim injunction was granted restraining the defendant, its agents, and others from using the impugned mark “VITA RICH GOLD” or any other deceptively similar mark to “VITARICH” in connection with pharmaceuticals and related products, until the next date of hearing.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi.