Delhi High Court Restrains Herbax Ayurveda From Selling Joint Pain Products Under 'FASTACTIVE' Mark

The Delhi High Court on 13 October restrained Herbax Ayurveda and others from dealing in pharmaceutical preparations under the mark 'FASTACTIVE', allegedly infringing Nectar Biopharma Private Limited's registered trademark.

A Bench of Justice Vikas Mahajan granted an interim injunction after finding a prima facie case of trademark infringement and passing off in favour of Nectar Biopharma.

Nectar Biopharma told the Court that it held the registered trademark 'FASTACTIVE' in Class 5. It alleged that the defendants were selling products under an identical mark through various websites and social media platforms.

The company contended that both products were used to relieve joint pain and sold through the same trade channels, creating a likelihood of consumer confusion.

The Bench found that the balance of convenience favoured Nectar Biopharma and that the company would suffer irreparable harm without interim protection.

It restrained the defendants, until the next date of hearing, from manufacturing, packing, marketing, selling, offering for sale, advertising, promoting or dealing in pharmaceutical preparations, topical gels, sprays, ointments or allied and cognate goods under 'FASTACTIVE' or any mark identical or deceptively similar to Nectar Biopharma's registered trademark.

The matter is listed for further hearing on 4 February 2027.