Bombay High Court Finds No Confusion Between ‘RACIRAFT’ and ‘EsiRaft’, Denies Injunction
Bombay High Court Finds No Confusion Between ‘RACIRAFT’ and ‘EsiRaft’, Denies Injunction
Introduction
The Bombay High Court has refused to grant interim relief to Sun Pharmaceutical Industries Limited, holding that the rival mark “EsiRaft” is not deceptively similar to Sun Pharma’s “RACIRAFT.” The Court emphasised that mere sharing of a descriptive element cannot justify injunctive relief in the absence of overall visual or phonetic similarity.
Factual Background
Sun Pharma adopted the trademark “RACIRAFT” in January 2022 for an oral syrup used in the treatment of heartburn and indigestion. Relying on sales figures and market presence, it claimed goodwill in the mark and alleged that the use of “EsiRaft” by Meghmani Lifesciences Limited infringed its trademark rights.
Meghmani Lifesciences’ product “EsiRaft” is also used to treat similar gastric ailments. Sun Pharma argued that the overlapping therapeutic use and similarities in colour combinations on packaging would likely cause consumer confusion.
Procedural Background
Sun Pharma instituted a commercial intellectual property suit seeking interim injunction against Meghmani Lifesciences for trademark infringement and passing off. An ex-parte ad-interim injunction had earlier restrained Meghmani from using the impugned mark. The matter came up before Justice Sharmila U Deshmukh, who heard the parties and decided the interim application by an order dated December 23, 2025.
Issues
1. Whether “EsiRaft” is deceptively similar to “RACIRAFT.”
2. Whether Sun Pharma had made out a prima facie case for trademark infringement or passing off.
3. Whether the balance of convenience justified continuation of interim restraint.
Contentions of the Parties
Plaintiff: Sun Pharma contended that “RACIRAFT” had acquired goodwill and that the defendant’s use of “EsiRaft” for identical ailments was calculated to ride on its reputation. It argued that the common element “RAFT”, coupled with similar colour schemes on packaging, was sufficient to create confusion among consumers.
Defendants: Meghmani Lifesciences opposed the plea, arguing that “RAFT” is a generic and descriptive term commonly used for alginate-based formulations and cannot be monopolised. It submitted that the prefixes “RACI” and “ESI” are visually and phonetically distinct and that its adoption of “EsiRaft” was bona fide, with “ESI” denoting Enhanced System Improvement and Esophageal Symptom Index.
Reasoning and Analysis
Justice Deshmukh applied settled principles governing deceptive similarity, including the anti-dissection rule, holistic comparison of marks, and the perspective of an average consumer with imperfect recollection. The Court held that trademarks must be assessed as a whole, and not dissected into individual components.
While acknowledging that both marks share the suffix “RAFT”, the Court found this element to be descriptive of the product’s characteristics and widely used in the pharmaceutical trade. It held that this shared suffix, by itself, could not establish deceptive similarity.
On a visual and phonetic comparison, the Court noted that the opening syllables “RACI” and “ESI” are entirely different, leading to distinct pronunciation, structure, and overall impression. The Court further observed that two-colour combinations on packaging are common in the pharmaceutical industry and insufficient, without more, to support an infringement claim.
On passing off, the Court held that the absence of visual and phonetic similarity took the case outside its scope. It found no material suggesting that Meghmani Lifesciences had misrepresented its product as that of Sun Pharma or attempted to deceive consumers.
Decision
The Bombay High Court dismissed the interim injunction application and vacated the earlier ex-parte ad-interim injunction. The Court permitted Meghmani Lifesciences to continue using the “EsiRaft” mark, finding no likelihood of consumer confusion.
In this case the plaintiff was represented by Mr. Hiren Kamod a/w. Mr. Shetank Tripathi, Ms. Radhika Mehta, Mr. Vidit Desai, Mr. Nipun Krishnaraj and Mr. Prem Khullar i/b. ANM Global.
