Ahmedabad Entities Agree Before Bombay High Court To Stop Using 7 Drug Names In Sun Pharma Suit

Ahmedabad-based Nectar Life Care and Kashmik Formulations Private Limited have agreed to stop using seven names for pharmaceutical products that Sun Pharmaceutical Industries Ltd. alleged were deceptively similar to its registered trademarks “HISTAC” and “OMESEC”.

Justice Madhav J. Jamdar of the Bombay High Court recorded the settlement on October 8, 2026, and accepted the parties' commitments as undertakings to the court.

Sun Pharma holds registered Class 5 pharmaceutical trademarks for “HISTAC” and “OMESEC”. Nectar Life Care is a proprietorship run by Nileshkumar Mahadevbhai Patel, while Kashmik Formulations, its sister concern, manufactures generic medicines. Patel signed the consent terms as proprietor of Nectar Life Care and authorised signatory of Kashmik Formulations.

Sun Pharma filed a trademark infringement and passing off suit, alleging that names such as “L-HISTACT-M” and “OMENEC” were deceptively similar to its registered marks. The two businesses acknowledged Sun Pharma's rights in the trademarks and agreed not to challenge their validity.

Under the settlement, the businesses cannot manufacture, market, distribute or deal in products bearing the names “L-HISTACT-M”, “HISTACT”, “ENECT”, “OMENEC”, “PREDMIK”, “LUMIK” and “SNIZACT”. The restrictions also cover other marks identical or deceptively similar to the disputed trademarks.

The agreement also covers marks identical or deceptively similar to Sun Pharma's “EZACT”, “PREDMET”, “LUMIA” and “NEZACT” trademarks, as well as identical or deceptively similar trade dress and packaging. The businesses must remove online listings created, published or uploaded at their instance, request or authorisation, or direction within seven days. For listings on third-party platforms, they must use their best endeavours to seek removal within the stipulated period. They will not be held liable for delays or non-compliance caused by circumstances beyond their reasonable control.

Nectar Life Care must withdraw its pending Class 5 trademark application for “SNIZACT”, numbered 6131511, within seven days of executing the consent terms. The businesses have stated that, apart from this application, they have not applied to register the other disputed or conflicting marks. If any such applications exist, they must withdraw them within seven days of executing the consent terms.

The businesses have stated that no stock remains and manufacturing has ceased. Sun Pharma may inspect and, if it discovers infringing goods, packaging or promotional material, have them destroyed at the businesses' expense within 30 days of execution of the consent terms. Any destruction must take place in the presence of Sun Pharma's authorised representatives. The businesses must submit a report within seven days of any destruction and a separate compliance letter within one month, or immediately upon depletion of stock, whichever is earlier.

The businesses handed over a demand draft for ₹1 lakh towards Sun Pharma's costs, and the company's counsel confirmed receipt.

Sun Pharma agreed not to initiate civil, criminal or other proceedings over the businesses' manufacture, sale, distribution or dealing in the disputed products before the Bombay High Court's September 23, 2025 order. Both sides also agreed to release claims arising from the subject matter of the suit, refrain from making statements that could tarnish each other's reputation or goodwill, and keep the settlement confidential, subject to the agreed exceptions.

Sun Pharma has reserved the right to take legal action, including seeking damages for actual business losses and loss of goodwill, if the businesses breach the settlement.

The court decreed the suit in terms of the consent settlement and ordered a refund of court fees as per the rules.