Brief Legal News Write-Up
Laboratoires Griffon Pvt. Ltd. & Anr. Vs. Psychotropics India Limited
Date of Judgment: 17.06.2026 : Case No.: Interim Application No. 4006 of 2022 in Commercial IP Suit (L) No. 3999 of 2022 : Neutral Citation: Not Available : Court: High Court of Judicature at Bombay : Hon'ble Judge: Justice Arif S. Doctor
The Court considered a dispute concerning alleged trademark infringement and passing off in relation to pharmaceutical products marketed under the trademarks “GRILINCTUS” and “PIL-LINCTUS”. The case arose from allegations that the defendant adopted and used the mark “PIL-LINCTUS” for medicinal products, which was deceptively similar to the plaintiffs’ long-standing registered trademark “GRILINCTUS”.
The principal question before the Court was whether the defendant’s use of “PIL-LINCTUS” was deceptively similar to the plaintiffs’ registered trademark “GRILINCTUS” and likely to cause confusion in the pharmaceutical market.
After examining the material on record and the submissions of the parties, Justice Arif S. Doctor observed that the rival marks were phonetically, structurally, and visually similar and that a stricter standard must be applied in cases involving medicinal products because confusion may have serious consequences. The Court held that the plaintiffs had established prior registration, long-standing use, goodwill, and a strong prima facie case of infringement and passing off. The Court emphasized that even the possibility of confusion between medicinal products should be avoided.
Accordingly, the Court allowed the interim application and granted interim relief restraining the defendant from using the impugned mark “PIL-LINCTUS” in relation to pharmaceutical products pending disposal of the suit.
Disclaimer: Readers are advised not treat this as a substitute for legal advise as it is based on limited information and is intended solely for general informational purposes.
Laboratoires Griffon Pvt. Ltd. & Anr. v. Psychotropics India Limited
Introduction
Trademark disputes involving pharmaceutical products occupy a special place in intellectual property law because confusion between medicines can have consequences far beyond commercial loss. The decision in Laboratoires Griffon Pvt. Ltd. & Anr. v. Psychotropics India Limited reiterates the judicial approach that greater caution is required when assessing deceptively similar pharmaceutical trademarks.
The judgment is significant because it addresses the interplay between descriptive elements in a trademark, the overall similarity of competing marks, and the heightened public interest considerations applicable to medicinal products. The ruling serves as an important reminder that pharmaceutical companies must exercise greater care while selecting trademarks to ensure that consumers, pharmacists, and medical practitioners are not misled.
Factual and Procedural Background
The plaintiffs are proprietors of the trademark “GRILINCTUS,” which has been registered and used in relation to pharmaceutical products for several decades. The plaintiffs asserted that they had continuously used the trademark since the early 1970s and had built substantial goodwill and reputation in the market. They also relied upon historical invoices, promotional material, sales figures, and evidence of enforcement actions against third parties using similar marks.
The dispute arose when the plaintiffs became aware of the defendant's use of the mark “PIL-LINCTUS” for pharmaceutical products. According to the plaintiffs, the impugned mark was deceptively similar to their registered trademark and was likely to cause confusion among consumers and members of the trade.
The defendant resisted the claim by asserting that “PIL” was derived from its corporate name, Psychotropics India Limited, and that “LINCTUS” was a descriptive term commonly used in the pharmaceutical industry for cough syrup preparations. The defendant further contended that numerous trademark registrations containing the word “LINCTUS” existed and that the plaintiffs could not claim a monopoly over the expression.
An Interim Application seeking injunctive relief was filed by the plaintiffs pending adjudication of the suit.
Dispute Before the Court
The principal issue before the Court was whether the trademark “PIL-LINCTUS” was deceptively similar to the registered trademark “GRILINCTUS”.
The plaintiffs argued that the rival marks were phonetically, visually, and structurally similar and that confusion was likely, particularly because both marks were used in relation to pharmaceutical products. The plaintiffs further contended that the defendant was attempting to come as close as possible to their established trademark.
The defendant argued that “LINCTUS” was descriptive and common to the trade, that the prefixes “GRI” and “PIL” were entirely different, and that the use of a hyphen created sufficient distinction between the marks. The defendant also relied upon alleged delay, acquiescence, and the existence of several third-party registrations incorporating the word “LINCTUS”.
Reasoning and Analysis of the Court
The Court commenced its analysis by reiterating the settled principle that trademarks must be compared as a whole rather than by dissecting them into separate components. The proper test is the overall impression created in the mind of a person of average intelligence and imperfect recollection.
The Court relied upon the principles laid down in Amritdhara Pharmacy v. Satya Deo Gupta, AIR 1963 SC 449 and Hiralal Parbhudas v. Ganesh Trading Co., emphasizing that deceptive similarity must be assessed from the standpoint of an ordinary consumer rather than through a meticulous side-by-side comparison.
Particular emphasis was placed upon the Supreme Court's landmark decision in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., (2001) 5 SCC 73, wherein the Court observed that confusion between medicinal products may have life-threatening consequences. The judgment quoted the well-known observation that “drugs are poisons, not sweets,” thereby requiring a stricter standard when evaluating pharmaceutical trademarks.
Applying these principles, the Court found that “GRILINCTUS” and “PIL-LINCTUS” were phonetically, structurally, and visually similar. The Court observed that the suffix “LINCTUS” dominated the overall impression of both marks and that the prefixes “GRI” and “PIL” did not sufficiently distinguish them. The mere presence of a hyphen was considered inadequate to eliminate the possibility of confusion.
The Court distinguished F. Hoffmann-La Roche & Co. Ltd. v. Geoffrey Manners & Co. Pvt. Ltd., where the rival marks were found sufficiently distinguishable because their prefixes created different overall commercial impressions. In contrast, the Court held that the common suffix “LINCTUS” overwhelmingly dominated the competing marks in the present case.
The Court also referred to UltraTech Cement Ltd. v. Alaknanda Cement Pvt. Ltd., accepting the contention that a party seeking registration of a mark cannot simultaneously contend that an essential component of that mark is wholly descriptive and incapable of trademark significance.
On the issue of delay and acquiescence, the Court considered Willmott v. Barber, Power Control Appliances v. Sumeet Machines Pvt. Ltd., (1994) 2 SCC 448, and Kamath Hotels (India) Ltd. v. Royal Orchid Hotels Ltd., holding that mere delay does not defeat a claim where a strong case of infringement exists. Acquiescence requires proof of active encouragement or consent, which was absent in the present case.
The Court further relied upon Corn Products Refining Co. v. Shangrila Food Products Ltd. and National Bell Co. v. Metal Goods Manufacturing Co. Pvt. Ltd. while rejecting the defendant’s reliance on third-party registrations. The Court observed that mere production of registry entries is insufficient without proof of actual market use.
Ultimately, the Court concluded that the plaintiffs had established prior registration, continuous use, substantial goodwill, and a strong prima facie case of infringement and passing off. The balance of convenience was found to be in favour of the plaintiffs.
Final Decision of the Court
The Court allowed the Interim Application and granted interim relief in favour of the plaintiffs. It restrained the defendant from using the impugned trademark “PIL-LINCTUS” in relation to pharmaceutical products during the pendency of the suit. No order as to costs was passed. The Court also recorded a statement that the order would not be acted upon for a period of four weeks.
Point of Law Settled
The judgment reinforces that pharmaceutical trademarks are subject to a stricter standard of scrutiny because public health considerations demand avoidance of even a possibility of confusion. It clarifies that a trademark must be assessed as a whole and that descriptive arguments cannot automatically defeat an infringement claim where the overall impression created by the competing marks is deceptively similar. The decision also reiterates that delay alone is not a defence to infringement and that third-party registrations, without proof of actual market use, do not establish that a term has become common to trade.
Case Details:
Title of the Case: Laboratoires Griffon Pvt. Ltd. & Anr. v. Psychotropics India Limited
Date of Judgment/Order: 17.06.2026
Case Number: Interim Application No. 4006 of 2022 in Commercial IP Suit (L) No. 3999 of 2022
Neutral Citation: Not Available
Name of Court: High Court of Judicature at Bombay
Name of Hon'ble Judge: Justice Arif S. Doctor
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: Images used herein do not reflect actual images used in Judgement and that the same are for illustrative purpose only. Readers are advised not to treat this as substitute for legal advice as it may contain errors in perception, interpretation, and presentation.
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Headnote of the Judgment
Laboratoires Griffon Pvt. Ltd. & Anr. v. Psychotropics India Limited, High Court of Judicature at Bombay, Interim Application No. 4006 of 2022 in Commercial IP Suit (L) No. 3999 of 2022, decided on 17.06.2026. The plaintiffs sought an interim injunction restraining the defendant from using the trademark “PIL-LINCTUS” for pharmaceutical products, alleging infringement and passing off of their registered trademark “GRILINCTUS.” Applying the principles governing deceptive similarity in pharmaceutical trademarks and relying upon the stricter standard laid down in Cadila Healthcare Ltd., the Court held that the rival marks were phonetically, visually, and structurally similar and likely to cause confusion. The Court found a strong prima facie case in favour of the plaintiffs and allowed the interim application, restraining use of the impugned mark pending disposal of the suit.
Infographic Thumbnail Prompt (14:9 Aspect Ratio)
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