GlaxoSmithKline, a big global healthcare company with over 100 years in India, sells antibiotic capsules called PHEXIN since 1985 under a registered trademark and distinctive green-and-white packaging to treat infections. In 2025 it found Zee Laboratories selling skin ointments under very similar sounding names FEXIT, FEXIT-B and FEXIT-M with almost identical green-and-white boxes. GSK sent legal notices asking Zee to stop, but Zee ignored them, so GSK filed a suit in Delhi High Court and asked for an immediate order to stop the use. Zee agreed in court to drop one name FEXIN straight away but fought the others, claiming the names are different, the products are totally different (capsules versus ointments), they have been selling since 2007 without any complaints, the prefix FEXI is common in the market, and there is no real confusion because doctors prescribe both. GSK replied that in medicines even small sound-alike names are dangerous, the first part of the name matters most, doctors’ handwriting is often bad, pharmacists can mix them up, and delay does not matter when copying is dishonest. The judge compared the names and packaging, noted they sound almost the same and look alike, said medicines need extra strict protection because mistakes can harm health, found GSK has strong reputation from long use and advertising, ruled the prefix is not proven common in actual trade, and held Zee gave no good reason for choosing such similar names. On 28 February 2026 the court granted the interim injunction, stopping Zee, its directors, dealers and everyone connected from using FEXIT, FEXIT-B, FEXIT-M or any similar mark or green-white packaging for ointments until the full trial, because GSK made a strong case, balance of convenience favoured GSK, and delay would harm its goodwill.
Title: Glaxosmithkline Pharmaceuticals Ltd. Vs Zee Laboratories Ltd. , Order date: 28 February 2026, Case Number: CS(COMM) 896/2025, Neutral Citation: None assigned, Name of court: High Court of Delhi at New Delhi, Judge: Hon'ble Mr. Justice Tejas Karia.
Disclaimer: Do not treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
