Delhi High Court Protects DIZEST Trademark, Bars Use Of “CelsiusDizest” By Celsius Healthcare

The Delhi High Court on 5 June granted an ex parte ad interim injunction in favour of DWD Pharmaceuticals, restraining Celsius Healthcare Pvt. Ltd. from using the trademark “CelsiusDizest” or any other mark deceptively similar to DWD Pharmaceuticals' registered DIZEST mark.

A Vacation Bench of Justice Saurabh Banerjee held that the defendant had incorporated the plaintiff's entire mark for identical pharmaceutical products, and that such use was likely to cause confusion. He observed:

“The manner of adoption, the manner of writing the same, and the manner it is projected therein, and that too for the very same products and in the similar line of trade by the defendant shows the ulterior motive in adopting the same.”

DWD Pharmaceuticals submitted that it is the registered proprietor of the DIZEST trademark since 1995 and that the mark forms part of its broader ZEST family of trademarks, which dates back to the 1980s. It stated that in February 2026 it discovered that Celsius Healthcare was marketing a digestive enzyme preparation under the mark “CelsiusDizest” through its website.

According to the plaintiff, the defendant had previously applied to register the marks “Dyzest” and a “Dyzest” label. The former application was abandoned and the latter was refused before the defendant secured registration of “CelsiusDizest” on a proposed-to-be-used basis.

The Court observed that the defendant had “left no stone unturned to come as close as possible” to the plaintiff's mark. It noted that the defendant had incorporated the plaintiff's entire DIZEST trademark into “CelsiusDizest” and adopted it for the same category of digestive enzyme products.

Holding that the defendant's registration was subsequent to the plaintiff's, the Bench found that both parties operated through identical trade channels, catered to the same customer base and sold products in the same market, creating a real likelihood of confusion among traders and consumers.

It further observed that pharmaceutical trademarks warrant a higher degree of protection because confusion between medicinal products could adversely affect public health and safety. It therefore held that the four-month gap between the plaintiff discovering the infringement and instituting the suit did not disentitle it to interim relief.

Finding that the balance of convenience favoured DWD Pharmaceuticals as the prior adopter, user and registered proprietor of the DIZEST mark, the Court held that permitting Celsius Healthcare to continue using "CelsiusDizest" would cause irreparable harm to the plaintiff.

The matter is next listed on 5 October 2026.