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2026 Supreme(Online)(Del) 15809
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J
Glaxosmithkline Pharmaceuticals Limited – Appellant
Versus
Orion Biotech Private Limited – Respondent
CS(COMM) 754/2026
For the Appellants/Petitioners: Shwetasree Majumder, Tanya Varma, Vardaan Anand, Hansika Bajaj
For the Respondents:
The court granted an ex-parte ad-interim injunction against the use of the mark 'COBEX' due to its deceptive similarity to 'COBADEX', noting that the difference in drug types (multi-vitamin vs antibiotic) heightens the risk of consumer confusion.
Headnote:(A) Pre-litigation Mediation - Exemption - Granted based on judicial precedents where facts and circumstances justify bypassing the mandatory mediation process. (Para 2)
(B) Trademark Infringement - Deceptive Similarity - Use of mark 'COBEX' for an antibiotic is deceptively similar to the registered mark 'COBADEX' for a multi-vitamin, increasing the risk of consumer confusion, especially in paediatric use. (Para 25-27)
(C) Interim Relief - Ex-parte Injunction - Granted when the plaintiff establishes a prima facie case, balance of convenience, and likelihood of irreparable harm. (Para 31-32)
Issues: Whether the defendants' use of the mark 'COBEX' constitutes trademark infringement and passing off of the plaintiff's mark 'COBADEX'.
| Table of Content |
|---|
| 1. disposal of various interlocutory applications regarding mediation, documentation, and court fees. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. registration of the suit and procedural directions for issuance of summons. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. arguments on deceptive similarity between pharmaceutical marks 'cobadex' and 'cobex'. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. grant of ex-parte ad-interim injunction based on prima facie case and balance of convenience. (Para 31 , 32 , 33) |
O R D E R
I.A. 18742/2026
1. By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’),the applicant/plaintiff seeks exemption from attempting pre-litigation mediation.
2. Having regard to the facts and circumstances of the present case, and in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi1(2024)5SCC815 and of a Division Bench of this court in Chandra Kishore Chaurasia vs. R A Perfumery Works (P) Ltd.22022SCCOnLineDel3529, the plaintiff is exempted from attempting pre-litigation mediation.
3. The application stands disposed-of.
I.A. 18744/2026
4. By way of the present application filed under section 151 of the CPC, the applicant/plaintiff seeks extension of a period of 02 weeks to file clearer copies.
5. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.
6. Application stands disposed-of.
I.A. 18745/2026
7. By way of the present application filed under section 151 of the CPC, the applicant/plaintiff seeks leave to file documents in a sealed cover.
8. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.
9. Application stands disposed-of.
I.A. 18743/2026
10. By way of the present application filed under Order XI Rule 1(4) (as amended by the Commercial Courts Act, 2015) read with section 151 of the CPC, the applicant/plaintiff seeks leave to file additional documents within 30 days.
11. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed.
12. The plaintiff is directed to file additional documents within 30 days.
13. Application stands disposed-of.
I.A. 18746/2026
14. By way of the present application filed under section 149 read with section151oftheCPC,theplaintiffseeksextensionoftimeby01week to file the requisite court fee receipt.
15. For the reasons stated in the application, which is duly supported by affidavit, the application is allowed, subject to the plaintiff filing on record the requisite court fee receipt within 01 week.
16. Application stands disposed-of.
17. The plaintiff seeks a decree of permanent, mandatory and dynamic injunctionsrestrainingdefendantsfromcommittinginfringementofthe plaintiff’s trade mark, along with damages, rendition of accounts, disclosure, delivery-up, and other consequential and ancillary reliefs.
18. Uponaprima-facieconspectusofthematter,lettheplaintberegistered as a suit.
19. Issue summons in the suit.
20. Upon the plaintiff taking requisite steps within 10 days, let summons be sent to the defendants by all permissible modes, returnable for the next date before the learned Joint Registrar.
21. Letthesummonsindicatethatthedefendantsarerequiredtofilewritten statement to the plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiff. The plaintiff may file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants.
22. List before the learned Joint Registrar for completion of pleadings, for admission/denialofdocumentsandmarkingofexhibitson27th October 2026.
23. List before court thereafter.
I.A. 18741/2026
24. By way of the present application filed under Order XXXIX Rules 1 and2readwithsection151oftheCPC,theplaintiffseeksthefollowing reliefs in pa
