Delhi High Court Closes COBADEX Trademark Case After GlaxoSmithKline Settles With Mensa Futura

The Delhi High Court has recently disposed of a trademark suit filed by GlaxoSmithKline Pharmaceuticals Limited, a major Indian pharmaceutical company, after it reached a settlement with Mensa Futura Life Sciences over the use of the 'COBADEX' brand and look-alike packaging.

Under the settlement, Mensa Futura agreed to permanently stop using the mark 'CUBANEX-CZS' and any deceptively similar mark or packaging, consented to a permanent injunction in favour of GlaxoSmithKline, and undertook to recall and destroy products bearing the impugned branding.

Justice Tushar Rao Gedela passed the order on February 2, 2026, acting on a joint application filed by both the parties. It found the terms of the Settlement Agreement to be lawful.

The settlement was reached to resolve disputes concerning the trademark 'COBADEX' and GlaxoSmithKline's Proprietary Red and White Packaging and Blister Pack.

Under the Compromise Terms, Mensa Futura acknowledged GlaxoSmithKline's prior rights and undertook to immediately and permanently cease use of their mark CUBANEX-CZS or any other mark deceptively similar to GlaxoSmithKline's trademark or distinctive packaging.

Mensa Futura further consented to the passing of a decree of permanent injunction in favour of GlaxoSmithKline, as prayed for in the Plaint.

They have undertaken not to adopt or use any mark or packaging identical with, or deceptively similar to, GlaxoSmithKline's trademark at any time in the future, nor will they object to the registrability or challenge the validity of the 'COBADEX' mark.

As part of the compliance measures, Mensa Futura submitted that it has recalled 400 combipacks of two strips each bearing the impugned mark CUBANEX-CZS from the market to destroy the same. Mensa Futura were also to provide documentary proof of such destruction to GlaxoSmithKline's counsel within seven days of the order. Furthermore, Defendant No. 2, as the manufacturer, has agreed and undertaken not to manufacture products under the impugned mark or the impugned red and white packaging on behalf of Mensa Futura or any third party.

The Court's order also directed Mensa Futura take all relevant steps to take down all online and offline listings, advertisements, and promotional materials from their website and social media accounts, as well as on third-party platforms including IndiaMart.

In view of these undertakings, GlaxoSmithKline agreed to forego its claim of rendition of accounts, delivery up, damages and legal costs.

Accordingly, the Court ordered that the Suit is decreed in terms of the settlement, and the parties shall remain bound by the terms.

For GlaxoSmithKline: Advocates Vardaan Anand and Ruchika Yadav

For Mensa Futura: Advocate Anurag Bajaj