Delhi High Court Permanently Restrains Pharma Companies From Selling Heart Medication Under 'Z-CONTIN' Mark
The Delhi High Court has permanently restrained Arlak Biotech Private Limited and Kuresia Pharma Private Limited from manufacturing or selling nitroglycerin tablets under the mark 'Z-CONTIN', finding that its use could confuse consumers with Modi-Mundipharma's registered 'NITROCONTIN' and other marks forming part of its 'CONTIN' series.
Justice Vikas Mahajan passed a summary judgment in favour of Modi-Mundipharma on November 4, also awarding the company nominal damages of ₹2 lakh, in addition to costs.
The suit concerned nitroglycerin-controlled release tablets marketed under the mark 'Z-CONTIN'. Modi-Mundipharma told the Court that it holds registration for 'NITROCONTIN' in Class 5 and more than 80 registrations for pharmaceutical products featuring 'CONTIN' as a common element.
The company alleged that Arlak Biotech, through its divisions Soigner Pharma and Cardiac Vintage, was marketing the allegedly infringing product, while Kuresia Pharma was manufacturing it.
Modi-Mundipharma said it discovered the product being sold on IndiaMart and in physical stores in May 2025. It alleged that the defendants were using the mark for tablets having the same formulation as its NITROCONTIN product, including the 2.6 mg dosage. It also pointed to similarities in the products' packaging, including the use of a pink-and-white colour combination.
The company further submitted that it had issued a cease-and-desist notice in May 2025. While the then manufacturer undertook to stop manufacturing the product under Z-CONTIN or any deceptively similar mark, the present manufacturer, Kuresia Pharma, continued to be involved.
The defendants did not appear in the proceedings despite service of summons. Their right to file written statements had been closed, and they were proceeded against ex parte.
Holding that Modi-Mundipharma was entitled to protection, the Court observed that it had registered the mark 'CONTIN' and a series of related trademarks.
“Allowing the defendants to continue with the impugned mark can lead to a likelihood of confusion in the minds of general public as regards to the association of the defendants' marks with that of the plaintiff,” the Court said.
It further noted that, since the defendants had not appeared and their right to file written statements had been closed, the allegations in the plaint remained uncontroverted.
The Court accordingly granted summary judgment in favour of Modi-Mundipharma, permanently restraining the defendants in terms of the reliefs sought in the suit.
For Modi-Mundipharma: Advocates Prachi Aggarwal and Medha Singh