In January 2020, Delhi High Court dismissed an appeal by Sun
Pharma Laboratories against an order passed by the trial court
whereby the latter in 2018 had dismissed the application for an
interim injunction filed by the appellant against the use of the
trademark BEVATAS by Intas Pharmaceuticals. The high court found
that there was no merit in the appeal (Sun Pharma Laboratories
Ltd v Intas Pharmaceuticals Ltd).
The appellant applied for an injunction against the use of the
respondent's mark BEVATAS contending that the trademark was
structurally, visually and phonetically similar to its trademark,
BEVETEX. The rival medicines were sold in the same dosage form that
is delivery by injection, and at similar prices. The appellant
argued that such similarities amounted to infringement and passing
off of the trademark, unfair competition and the loss of goodwill
in the trade mark BEVETEX leading to confusion and deception.The
appellant had claimed to be the rightful