Delhi High Court Restrains Use Of 'COBEX' Mark In GlaxoSmithKline's Trademark Suit Over 'COBADEX'

The Delhi High Court has temporarily restrained Orion Biotech Pvt. Ltd. and two other entities associated with the manufacture of a paediatric antibiotic sold under the mark 'COBEX' from using the mark.

The order came in a trademark infringement suit filed by GlaxoSmithKline Pharmaceuticals Limited (GSK), which claims that 'COBEX' is deceptively similar to its registered trademark 'COBADEX', used for its multi-vitamin drug.

Justice Anup Jairam Bhambhani observed that GSK had "made-out a prima facie case in its favour" and that the balance of convenience also lay in its favour. The court further held that "irreparable harm and injury would result to the plaintiff if the interim relief sought is not granted."

GSK submitted that it has held the trademark 'COBADEX' since 1958. It also told the court that Orion Biotech had filed an application in January 2026 to register the mark 'COBEX', claiming use since 2010.

The company further submitted that the antibiotic sold under the impugned mark is manufactured by the other two entities arrayed in the suit. According to GSK, 'COBEX' is deceptively similar to 'COBADEX'. It argued that the product sold under the impugned mark is an antibiotic meant particularly for paediatric use, whereas 'COBADEX' is a multi-vitamin.

GSK argued that the similarity between the two marks, coupled with the different nature of the products, heightened the risk to consumers.

Accepting that GSK had established a prima facie case, the court granted an ex-parte ad-interim injunction in terms of the infringement and passing-off reliefs sought. The restraint will continue until the next date of hearing

For GSK: Advocates Shwetasree Majumder, Tanya Varma, Vardaan Anand and Hansika Bajaj