Delhi HC Restrains Orziva From Using 'ORZIFER-XT', Finds Deceptive Similarity With Emcure's 'OROFER-XT'

The Delhi High Court on 29 May granted an ex-parte ad-interim injunction in a trademark infringement suit filed by Emcure Pharmaceuticals Limited, after it found that the mark 'ORZIFER-XT' is visually, structurally and phonetically deceptively similar to the registered mark 'OROFER-XT' and is likely to confuse consumers in the iron supplementation segment.

Justice Jyoti Singh heard the matter and restrained Orziva Healthcare Private Limited from manufacturing, selling, distributing or promoting products under the mark ORZIFER-XT or any deceptively similar mark until further orders. She observed:

“Defendants are attempting to come as close as possible to the Plaintiff's well-known mark OROFER-XT to mislead consumers and trade upon its goodwill.”

“Any confusion in the nature of products in question can be extremely harmful for consuming patients.”

Emcure, which has held registration for the mark OROFER since 1996, uses the mark for gynaecological iron supplementation products prescribed for anaemia, including during pregnancy.

The company also owns the OROFER family of marks, including OROFER-EPO, OROFER-XT, OROFER FCM and OROFER-S, registered in Classes 5 and 29 in India and in several countries including Canada, Kenya, Zambia and Zimbabwe.

Emcure contended that Orziva markets ORZIFER-XT as a nutraceutical with similar ingredients and sells it through overlapping trade channels, including IndiaMart and Apollo Pharmacy. It also pointed out that it issued a cease-and-desist notice in December 2025, which the defendant did not respond to.

The Court found that Orziva adopted the impugned mark to encash upon Emcure's goodwill and reputation and concluded that all elements of the trinity test for grant of injunction stood satisfied. It also noted that Emcure placed URLs on record showing earlier listings of the product, but the pleadings stated that those listings no longer remained accessible.

Justice Singh did not pass any takedown directions at this stage, but it allowed Emcure to seek appropriate relief if the listings reappear.

The matter will come up for hearing on 25 September 2026.