The Delhi High Court has granted a summary judgment in favour of Sun Pharmaceutical Industries Ltd., restraining Oziel Pharmaceuticals Pvt. Ltd. from using marks allegedly similar to Sun Pharma’s registered trademarks ‘PEPFIZ’ and ‘MINOZ’. The order was pronounced on 16 December 2025 by Justice Tejas Karia.
Background of the Case
Sun Pharma approached the court seeking a permanent injunction against Oziel Pharmaceuticals, alleging that the latter was selling medicinal products under the names ‘PEPFIX-DSR’ and ‘MINOZIL’, marks the company claimed were deceptively similar to its own brands.
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The court noted that Sun Pharma has been using these marks for years, with their registration dating back to 1991 (PEPFIZ) and 2003 (MINOZ). The pharmaceutical giant also highlighted substantial sales figures in the past financial year, establishing extensive market presence and goodwill.
Court Observation
During the proceedings, the court found that despite being served with notice, Oziel Pharmaceuticals did not appear and failed to file a written statement. Consequently, the court treated the allegations and supporting material by Sun Pharma as admitted.
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The Local Commissioner’s report played a critical role: nearly 19,000 infringing products were seized from Oziel Pharma’s premises, strengthening Sun Pharma’s claim of unauthorized commercial use.
“The near identical impugned mark indicates a deliberate and dishonest adoption,” the court observed while addressing the similarity between the rival product names.
The judge further remarked that the similarity between the trademarks was likely to mislead an average consumer, creating confusion about the source of the medicines in the market.
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Court’s Decision
The Court found this to be a clear case of trademark infringement and passing off. It concluded that the impugned marks were visually, phonetically, and structurally similar to Sun Pharma’s registrations and directed that:
- A permanent injunction be issued against Oziel Pharmaceuticals;
- Sun Pharma is entitled to recover litigation costs from Oziel Pharmaceuticals;
- A decree be drawn in accordance with the reliefs granted.
The suit now stands disposed of in Sun Pharma’s favour, with further proceedings limited to assessing the cost amount.
Case Title: Sun Pharmaceutical Industries Ltd. vs. Oziel Pharmaceuticals Pvt. Ltd. & Anr.
