Court restrains Numen Pharma from using the mark "ACIPROX" due to phonetic similarity with Alkem's "ALCIPRO"
In a significant judgment delivered by the Bombay High Court on June 8, 2026, Justice Sharmila U. Deshmukh ruled in favor of Alkem Laboratories Ltd., granting interim relief against Numen Pharma Private Limited in a trademark infringement case. The court found that Numen Pharma's use of the mark "ACIPROX" was phonetically similar to Alkem's long-standing registered trademark "ALCIPRO," potentially causing confusion in the pharmaceutical market.
The case, titled Alkem Laboratories Ltd. v. Numen Pharma Private Limited, involved the dispute over the trademarks used for medicinal products. Alkem Laboratories, the plaintiff, has been using the trademark "ALCIPRO" since 1990 for its products containing Ciprofloxacin, used to treat bacterial infections. Numen Pharma, the defendant, adopted the mark "ACIPROX" in 2023 for its pain relief medication.
The court noted that despite the different compositions and purposes of the two drugs, the phonetic similarity between "ALCIPRO" and "ACIPROX" was likely to create confusion among consumers, especially in the context of medicinal products where mispronunciation or hurried utterance could lead to harmful consequences. Justice Deshmukh emphasized the importance of preventing any potential confusion in the pharmaceutical sector, citing past judgments that highlight the dire consequences of confusion in prescription drugs.
Numen Pharma argued that its mark "ACIPROX" was not deceptively similar to Alkem's trademark and that it was derived from the active ingredient ACECLOFENAC. However, the court rejected this defense, pointing out that the phonetic similarity and the possibility of confusion were sufficient grounds for granting an injunction.
The court also addressed the defendant's claims regarding the common use of the suffix "CIPRO" in the industry and the visual differences in packaging. Justice Deshmukh stated that such differences were insufficient to mitigate the risk of confusion, especially given the multi-lingual and diverse nature of the Indian society.
Ultimately, the court restrained Numen Pharma from using the mark "ACIPROX" or any similar mark that could infringe upon or cause passing off of Alkem's registered trademark "ALCIPRO." The decision reinforces the stringent standards applied in cases involving trademark disputes in the pharmaceutical industry, where consumer safety is of paramount concern.
Bottom line:-
Trademark infringement - Phonetic similarity between rival marks in pharmaceutical products can lead to confusion and disastrous consequences even if the drugs differ in composition and purpose.
Statutory provision(s): Trade Marks Act, 1999 Section 13
Alkem Laboratories Ltd. v. Numen Pharma Private Limited, (Bombay) : Law Finder Doc id # 2920644
