Delhi High Court Bars Biodeal Pharma From Using “PEPFIX-DSR” and “MINOZIL”, Protects Sun Pharma Marks

The Delhi High Court has permanently restrained Biodeal Pharmaceuticals Pvt. Ltd. from using the marks “PEPFIX-DSR” and “MINOZIL” for its pharmaceutical products over similarity with Sun Pharmaceutical Industries Ltd.'s registered trademarks “PEPFIZ” and “MINOZ.”A Single bench of Justice Tejas Karia passed the order on December 16, 2025 Sun Pharma's plea seeking summary judgment in a trademark infringement and passing off suit. The court noted that Biodeal Pharmaceuticals had neither appeared nor challenged despite being served. It observed, “There is a strong likelihood that unwary consumers will be duped into buying the infringing products under the Impugned Marks by believing them to be originating from the Plaintiff, which is detrimental to not only the reputation and goodwill of the Plaintiff, but is also detrimental to the consumers as they are being deceived into buying inferior quality products of Defendant No. 2.”Sun Pharma told the Court that it coined and adopted the mark “PEPFIZ” in 1991 and has been using it extensively or pharmaceutical preparations since 2004. It also stated that it adopted the mark “MINOZ” in 2003 and has continuously used the same for pharmaceutical and cosmetic products. The company relied on its trademark registrations and placed on record its sales figures to demonstrate extensive use of the marks.According to Sun Pharma, Biodeal Pharmaceuticals was manufacturing and selling medicinal products under the marks “PEPFIX-DSR” and “MINOZIL,” which were nearly identical to its registered trademarks. The court recorded that an ex-parte ad-interim injunction had earlier been granted in December 2024, restraining the manufacture and sale of the disputed products. It further noted that local commissioners appointed by the Court had seized approximately 19,000 infringing products from Biodeal's premises.As Biodeal Pharma chose not to appear in the proceedings and did not file a written statement, the court admitted Sun Pharma's submission. After examining the material on record, the Court held that Sun Pharma is the registered proprietor of the trademarks “PEPFIZ” and “MINOZ” and that the marks have acquired substantial goodwill through long and extensive use. It found that this was a case of “triple identity,” where competing marks, product category and trade channels were identical.The court observed that the adoption of “PEPFIX-DSR” and “MINOZIL” marks was deliberate and dishonest, aimed at riding on Sun Pharma's reputation. It further held that the disputed marks were visually, phonetically and structurally similar to Sun Pharma's marks and were likely to confuse an average consumer with imperfect recollection.The court said, “a case of infringement of the Plaintiff's products has been made out by the Plaintiff and are likely to cause confusion in the course of trade of the Plaintiff, the consumers may associate the infringing products with the Plaintiff, leading to erosion of consumer trust and dilution of the goodwill and reputation of the Plaintiff amongst the members of the trade and public.”In view of these findings, and as Sun Pharma sought only a permanent injunction and litigation costs, the Court decreed the suit, permanently restraining Biodeal Pharmaceuticals from using the disputed marks or any other deceptively similar marks, and awarded costs in favour of Sun Pharma.Case Title: Sun Pharmaceutical Industries Ltd. v. Oziel Pharmaceuticals P. Ltd. & Anr.Citation: 2025 LiveLaw (Del) 1799Case Number: CS(COMM) 1041/2024For Plaintiff: Advocates Sachin Gupta, Prashansa Singh, Rohit Pradhan, Ajay Kumar & ArchanaClick Here To Read/Download Order

Delhi High Court Bars Biodeal Pharma From Using “PEPFIX-DSR” and “MINOZIL”, Protects Sun Pharma Marks

Ayushi Shukla

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