Shri Kirit Bhadiadra Vs. Wings Pharmaceuticals Private Limited

Wings Pharmaceuticals Private Limited sued Kirit Bhadiadra, proprietor of Rapple Healthcare, for trademark infringement and passing off, claiming its registered mark “MEDILICE” (used since 2004 for anti-lice shampoo) was infringed by the defendant's “MEDILICE LICE KILLER” (used for ayurvedic anti-lice hair oil). The Commercial Court decreed the suit on 04.03.2024, granting permanent injunction and awarding Rs. 10 lakhs punitive damages. On appeal, the Delhi High Court Division Bench found the marks deceptively similar with “MEDILICE” as the dominant essential feature, the products allied addressing the same lice issue likely causing confusion, defendant's prior use claim unsupported by credible evidence, and infringement/passing off established; it upheld the injunction but reduced damages to Rs. 3 lakhs considering the circumstances, dismissing the appeal.

• In pharmaceutical/medicinal products for treating the same ailment (head lice), even if one is shampoo and the other hair oil, the goods are allied, and use of an identical dominant mark creates likelihood of confusion warranting injunction for infringement and passing off (Paras examining similarity of goods and marks, relying on established principles in medicinal trademark cases requiring higher scrutiny).
• The dominant and essential feature of the mark is “MEDILICE”; addition of descriptive words like “LICE KILLER” does not distinguish it sufficiently to avoid deception (Paras on anti-dissection rule and phonetic/visual similarity).
• Prior use defence requires robust documentary evidence of continuous commercial use; mere manufacturing licenses or pending applications are insufficient (Paras on evaluation of defendant's evidence).
• Punitive damages in trademark infringement can be awarded but must be proportionate; reduction from Rs. 10 lakhs to Rs. 3 lakhs is appropriate where infringement is established but scale justifies moderation (Paras on damages assessment).

Case Title: Shri Kirit Bhadiadra Vs. Wings Pharmaceuticals Private Limited Order Date: December 22, 2025 Case Number: RFA(COMM) 149/2024 Neutral Citation: Not available in document Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation] [Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]