* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 + CS(COMM) 218/2024 & I.A. 24963/2025 NOVARTIS AG & ORS. .....Plaintiffs Versus NOVIETS PHARMA & ORS. .....Defendants Advocates who appeared in this case For the Plaintiffs : Mr.Hemant Singh,Ms.Mamta R.Jha, Ms. Anjeeta Rani, Ms. Pragya Jain &

Mr. Aneesh Raj, Advocates.

For the Defendants : Mr. Davesh Vashishtha & Ms.

Akshatha Deepak, Advocates for Defendant Nos.1, 2 & 3.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J I.A. 5655/2024

1. ThisisanApplicationfiledbythePlaintiffsunderOrderXXXIXRules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”) restraining infringement of the Trade Mark, ‘NOVARTIS’ and ‘ ’

(“Plaintiffs’ Marks”), passing off, unfair competition, dilution etc.

SUBMISSIONSONBEHALFOFTHEPLAINTIFFS:

2. The learned Counsel for the Plaintiffs made the following submissions:

2.1. The Plaintiffs are part of the Novartis Group of Companies.

Plaintiff No. 1 is a world leader in the healthcare industry and specializes in innovation through research and development of products that improve the health and well-being of patients aroundtheworld.PlaintiffNo.2istheIndianoperatingcompany which is a subsidiary of Plaintiff No. 1 and is engaged in the promotion, sale and distribution of products in India from its parent and its affiliates. Plaintiff No. 2 is the licensee of Plaintiff No. 1 to use the Plaintiffs’ Marks in India. Plaintiff No. 1 also markets its pharmaceutical products in India through Plaintiff No. 3 which is its fully owned subsidiary.

2.2. The Plaintiffs have been present India since 1947 when Plaintiff No. 2 was incorporated through predecessor-in-interest and have developed a strong presence over the decades. Thereafter, in the year 1997, Plaintiff No. 1 incorporated a subsidiary, Novartis Healthcare Private Limited, i.e., Plaintiff No. 3 for marketing its products in India. The Plaintiffs and their group companies have invested huge amounts to create reputation and goodwill.

2.3. The Plaintiffs created and adopted the Plaintiffs’ Marks in the year1996andhavebeencontinuouslyusingthePlaintiffs’Marks since then, in India and throughout the world.As a consequence of high standard of quality of the medicines and allied products and extensive use of the Plaintiffs’Marks, the same have gained an enviable and widespread reputation and goodwill in the relevant market. The Plaintiffs’ Marks denote and connote the origin and source of goods originating from the Plaintiffs. The Plaintiffs’MarksformsapartoftheTradeNameofvariousother Novartis Group of Companies in other jurisdictions as well and is a House Mark of the Plaintiffs. The Plaintiffs’ Mark, ‘NOVARTIS’ has been registered since 1996 in over 100 jurisdictions in the world including in India. The details of registration of the Plaintiffs’Mark, ‘NOVARTIS’, in India are as under:

2.4. On account of long and continuous use, extensive advertising campaign, marketing network and enormous sale of the Plaintiffs’ Marks, the Plaintiffs’ Marks have acquired enviable goodwill and reputation amongst the members of the trade and public at large. This formidable goodwill and reputation have been achieved by the Plaintiffs’ Marks on account of extensive advertising and promotion through various media, as well as through extensive sales. Courts have consistently held that volume of sales and promotion are valid indicia to evaluate distinctiveness, goodwill and reputation of a Trade Mark. The annual sales figures of Plaintiff No. 2 for the Financial Years (“FY”) 2007-08 to FY2022-23, is as under:

2.5. Defendant No. 1, Noviets Pharma, is an entity engaged in the business of sale and distribution of pharmaceutical products. Defendant No. 2, Noviets Veterinary Private Limited is a company incorporated under The Companies Act, 2013. Defendant No. 3, Ranjeet Kumar, is the CEO of the Noviets GroupofCompanies.DefendantNo.4,NovietsPharmaceuticals PrivateLimited,isacompanyincorporatedundertheCompanies

Act, 2013. Acc