Delhi High Court Restrains Use Of "NOVITAS" Following Novartis Trademark Violation Allegations

Delhi High Court Restrains Use of "NOVITAS" Following Novartis Trademark Violation Allegations

The Delhi High Court issued an interim injunction on February 3, restraining a pharmaceutical company from using the trademark "NOVITAS" following a trademark infringement suit filed by global pharmaceutical company Novartis (Novartis AG v. Novitas).

Novartis argued that the "NOVITAS" mark was visually and phonetically similar to its well- established trade name, "NOVARTIS." Justice Mini Pushkarna determined that Novartis had presented a prima facie case for the grant of interim relief and prohibited the defendants from using the name "NOVITAS" or any other mark that could be confusingly similar to "NOVARTIS" until the next hearing.

The Court's order specifically restrains the defendants, including their directors, agents, affiliates, franchisees, and distributors, from using the NOVITAS mark or any similar mark in relation to medicinal and pharmaceutical products. This also includes prohibiting them from selling, offering for sale, or advertising products under the impugned mark.

Novartis had filed the suit seeking a permanent injunction against the defendants for trademark infringement, passing off, and unfair competition, and also sought damages. The pharmaceutical giant emphasized that its trade name "NOVARTIS" has been in use since 1996, gaining international recognition for its high-quality pharmaceutical products. Additionally, Novartis holds extensive trademark protections and domain name registrations worldwide, including in India.

The infringement came to light in July 2024 when Novartis discovered the defendant’s website, www.novitaslifesciences.com, and its presence on e-commerce platforms such as IndiaMart. After a cease-and-desist notice went unacknowledged, Novartis filed the lawsuit.

The defendants also attempted to register the NOVITAS trademark in December 2024. The High Court noted that the defendant’s use of the NOVITAS mark was likely to cause confusion and harm to Novartis’ reputation. As such, the Court granted an ex-parte ad- interim injunction against the defendants. However, the Court clarified that the defendants could continue their business with a different, non-conflicting trademark.

The case is set for a further hearing in July 2025.