Delhi High Court Issues Notice On Agradine's Alleged Imitation Of Betadine Packaging

The Delhi High Court has recently issued notice to Agrawal Drugs Private Limited on a plea by Win Medicare Private Limited, the manufacturer of Betadine, alleging that the rival company's 'Agradine' antiseptic products imitate Betadine's distinctive packaging and trade dress.

Justice Purushaindra Kumar Kaurav passed the order on November 2, directing Agrawal Drugs to file its reply to the interim injunction application.

Win Medicare has sought to restrain Agrawal Drugs from manufacturing, selling, offering for sale or advertising its products in packaging that allegedly constitutes a colourable imitation of Betadine's registered label/device marks and distinctive 'two-stripe' mark. It has also sought removal of the disputed product listings from online platforms, including 1mg and PlatinumRx.

The dispute is not about the use of the name 'Agradine'. Win Medicare clarified that it has no objection to Agrawal Drugs using that name. Its grievance concerns the overall packaging, particularly the arrangement of a coloured upper stripe (sky blue for ointments and red for surgical scrubs) placed immediately above a navy-blue lower stripe.

Win Medicare contended that it had continuously used this arrangement on Betadine products since 1990-91 and that the combination had become exclusively associated with its brand. It also argued that confusion between the products could pose a greater risk to consumers because both are medicinal preparations.

The court noted that Agrawal Drugs had applied to register its 'Agradine' device mark on July 25, 2007, claiming use since March 15, 2006. It also recorded that the company had denied Win Medicare's allegations in its reply dated October 8, 2026, to a cease-and-desist notice issued on September 25, 2026.

The court observed that whether the disputed packaging, viewed as a whole, was deceptively similar to Betadine's registered label/device marks was an issue on which Agrawal Drugs ought to be heard. The period for which the company had used the disputed trade dress and the effect of its claimed use since 2006 were also matters requiring consideration, particularly since it had already disputed Win Medicare's allegations.

The court accordingly issued notice on the interim injunction application, returnable on November 23, 2026, and directed Agrawal Drugs to file its reply in the meantime.