Supreme Court Stays Delhi High Court Order Restraining Use Of 'Medilice' Mark For Anti-Lice Hair Oil

The dispute is between Wings Pharmaceuticals Private Limited, which sells an anti-lice shampoo under the mark "Medilice," and Bhadiadra, proprietor of Rapple Healthcare, who markets an ayurvedic anti-lice and anti-dandruff hair oil under "Medilice Lice Killer."

Wings Pharmaceuticals had instituted the suit in 2020 before the Commercial Court, claiming use of "Medilice" since 1998 and registration since 2014 under Class 3.

The trial court decreed the suit in the company's favour in March 2024, holding that Bhadiadra's use of the similar mark amounted to infringement and passing off, and awarded Rs. 10 lakh in punitive damages after he failed to produce his accounts despite a court order.

Bhadiadra appealed before the Delhi High Court, arguing he was the prior user of "Medilice" since March 2000, relying on a user affidavit filed before the Trade Marks Registry and the fact that Wings had itself told the Registry in 2001 that the two marks were distinct.

A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla rejected this defence on December 22, 2025. The court held that a manufacturing licence or a registration application "does not, by itself, demonstrate actual or common use of the mark in the marketplace" and found that Wings had proved continuous commercial use only from 2004, which still preceded any use Bhadiadra could substantiate.

On the question of deceptive similarity, the High Court invoked the heightened standard applicable to medicinal products.

It found that both products targeted the same therapeutic purpose, lice treatment, and were sold through identical trade channels, making the addition of "Lice Killer" insufficient to distinguish Bhadiadra's mark.

The High Court did, however, grant Bhadiadra partial relief on damages. It set aside the trial court's award of Rs. 10 lakh in punitive damages.

The bench reduced the award to Rs. 3 lakh, noting that Wings had not specifically prayed for damages in its plaint.

Aggrieved by the High Court's confirmation of infringement and passing off, Bhadiadra approached the Supreme Court.

The apex court, after hearing both sides and perusing the judgments of the trial court and the High Court, has now stayed their operation pending further consideration, effectively pausing the injunction and damages award while the matter is examined afresh.

For Kirit Bhadiadra: Advocates Kangan Roda, Apoorva Sharma, Tanishq Sharma, Mansi Raghav, Parul Roy and Sarthak Singh; AOR Vishnu Kant

For Wings Pharmaceuticals: AOR Sachin Gupta