In a move that is brings relief to Zydus Wellness, the Delhi High Court has restrained Cipla Health from using brands Gluco-C and Gluco-D. It noted that Cipla Health’s trademarks were found to be “deceptively similar” to Zydus’ trademarks, Glucon-C and Glucon-D.
“Pending disposal of the suit, the defendants (Cipla Health) as well as all others acting on their behalf shall stand restrained from using the marks, Gluco-C or Gluco-D, either by themselves or as part of the marks, Prolyte Gluco-C ++ or Prolyte Gluco-D ++, or as part of any other mark which would be deceptively similar to the plaintiff‘s (Zydus Wellness) registered marks, Glucon-C or Glucon-D, respectively,” said Justice C Hari Shankar in his Monday’s order.
“The plaintiff would be entitled to an injunction against the use by the defendants of the mark, Prolyte Gluco-C ++ or Prolyte Gluco-D ++, as they infringe the plaintiff‘s registered mark, Glucon-C and Glucon-D, respectively,” the court noted.
The court said Cipla Health’s marks Prolyte Gluco-C ++ and Prolyte Gluco D ++ infringe the Zydus Wellness’ registered marks, Glucon-C and Glucon-D, as “they are used for identical products”.
Zydus Wellness manufactures and sells leading glucose powder brand Glucon-D. It is also sold in the tablet format under the sub-brand, Immunovolt. According to the company’s investor presentation for FY23, Glucon-D is the market leader in the category, with a value market share of 60.1 per cent in the glucose powder drink category (MAT March 2023 Nielsen Report).
Zydus Wellness bagged the brand after it completed acquisition of Heinz India’s consumer wellness business in 2019. This business consisted of four key brands, including Complan, Glucon D, Nycil and Sampriti Ghee
Cipla Health is the consumer healthcare arm of Cipla. Its product portfolio includes brands such as Nicotex, Cofsils, ActivKids, Prolyte ORS, MamaXpert and Maxirich.