Factual and Procedural Background Sun Pharmaceutical Industries, one of India's largest pharma companies, owns the registered trademark RACIRAFT for an oral suspension used to treat heartburn and indigestion. In early 2025 Sun discovered that Meghmani Lifesciences was selling a similar product with the same active ingredients under the name ESIRAFT. Sun filed a commercial suit in the Bombay High Court alleging trademark infringement and passing off, and obtained a temporary injunction in April 2025. In December 2025 the single judge vacated that injunction, ruling that the two marks were not deceptively similar. Sun then filed this appeal before the division bench.
Dispute in Question The central issue was whether Meghmani's mark ESIRAFT is deceptively similar to Sun's RACIRAFT. Sun argued that the marks are visually and phonetically too close for medicines used for the same purpose, creating a real risk of confusion among patients and chemists. Meghmani contended that the common suffix "RAFT" is a generic descriptive term and that the overall marks are sufficiently different.
Reasoning and Decision of Court The division bench held that the single judge had not correctly applied the established legal tests for comparing trademarks, particularly in the sensitive field of pharmaceutical products where even a small chance of confusion can harm public health. After examining the marks as a whole, the court found that RACIRAFT and ESIRAFT are deceptively similar in appearance, sound and overall impression. It set aside the December 2025 order vacating the injunction and allowed Sun's appeal, restoring the temporary restraint on Meghmani from using the mark ESIRAFT. The case will now proceed to full trial on merits.
Title: Sun Pharmaceutical Industries Ltd. Vs Meghmani Lifesciences Ltd. & Anr., Order date: 8th April 2026, Case Number: Commercial Appeal (L) No.42382 of 2025, Neutral Citation: 2026:BHC:OS:9142-DB, Name of court and Judge: Bombay High Court, Bharati Dangre and Manjusha Deshpande JJ
Disclaimer: Donot 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
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