DWD Pharmaceuticals Secures Legal Victory to Protect "ZEST" Trademark Family from Deceptive Use
In a significant development in the realm of intellectual property rights, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of DWD Pharmaceuticals Ltd., restraining Celsius Healthcare Pvt. Ltd. from using the trademark "CELSIUSDIZEST," which was deemed deceptively similar to DWD's "DIZEST" trademark. The court's decision underscores the importance of protecting established trademarks, especially in the pharmaceutical sector where consumer safety is paramount.
The judgment, delivered by Justice Saurabh Banerjee, highlights the plaintiff's prior adoption and registration of the "ZEST" family of trademarks, including "DIZEST," which have been in use since the late 1980s. DWD Pharmaceuticals argued that Celsius Healthcare's use of "CELSIUSDIZEST" for similar pharmaceutical products could potentially confuse consumers and amount to passing off, given the visual and phonetic similarities between the marks.
In his decision, Justice Banerjee noted that the plaintiff successfully established a prima facie case of trademark infringement and passing off. The court emphasized the need for a higher degree of care and caution in cases involving pharmaceutical products, where any confusion could pose risks to public health and safety.
The ruling also highlighted the balance of convenience, which tilted in favor of DWD Pharmaceuticals, as well as the irreparable harm that could occur if Celsius Healthcare continued using the impugned trademark. Consequently, the court ordered Celsius Healthcare and its associates to cease the use of "CELSIUSDIZEST" and any other marks deceptively similar to DWD's "ZEST" trademarks.
This decision marks a significant victory for DWD Pharmaceuticals in its ongoing efforts to safeguard its intellectual property rights. The court's ruling not only protects the company's brand integrity but also reinforces the broader legal framework supporting trademark protection in India.
The case is set to return to court on October 5, 2026, for further proceedings, during which Celsius Healthcare will have the opportunity to present its defense.
Bottom line:-
Trademark law - Grant of an ex-parte ad-interim injunction restraining the defendant from using trademarks deceptively and confusingly similar to the plaintiff's trademarks.
Statutory provision(s): Trademarks Act, 1999 - Sections 28, 29, 134; Order XXXIX Rules 1 & 2 of the CPC, 1908; Section 12A of the Commercial Courts Act, 2015
DWD Pharmaceuticals Ltd. v. Celsius Healthcare Pvt. Ltd., (Delhi) : Law Finder Doc id # 2925259
