The court can decree a suit for trademark infringement and passing off in terms of a lawful settlement agreement, incorporating undertakings to withdraw trademark applications and cease use of infringing marks.

O R D E R

1. This suit is instituted on behalf of the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendants and all others acting on their behalf from manufacturing, offering for sale, selling, displaying, advertising, marketing, whether directly or indirectly, and whether on the Internet or otherwise, ointments and any other medicinal or pharmaceutical products bearing the impugned mark KBACT and/or any other mark that is deceptively similar to Plaintiff’s T-BACT mark and/or any other mark that incorporates impugned KBACT such as KBACT-CM mark, amounting to infringement and/or passing off.

2. During the pendency of the suit, Plaintiff settled the matter with Defendant No.2 and on 07.07.2026, the suit was decreed qua Defendant No. 2.

3. Learned counsels for the Plaintiff and Defendant No.1 jointly submit that disputes between them have also been amicably resolved and consent terms are handed over, which are as follows:-

“

1. This settlement agreement binds the Plaintiff, GlaxoSmithKline Pharmaceuticals Limited, its predecessors-in-business and interest, and affiliate and subsidiary companies, as well as the Defendant No. 1, Virchow Laboratories Limited, its predecessors-in-business and interest, affiliates, subsidiaries and related companies;

2. Defendant No. 1 acknowledges the Plaintiff’s right, title and interest in its T-BACT mark (hereinafter, the “Plaintiff’s T-BACT Mark”);

3. Defendant No. 1 states that it has acquired all rights, title, and interest in the mark KBACT from the Defendant No. 2, Indi Pharma Private Limited, by way of a duly executed Deed of Assignment dated July 1, 2024, including Application No. 3378037, for the mark KBACT, dated September 30, 2016. The Defendant No. 1 states that, pursuant to the assignment, the Defendant No. 1 has the sole and exclusive right to use, and continues to use, the KBACT mark in relation to its pharmaceutical preparation, namely, an ointment containing the active ingredient Mupirocin. The Defendant No. 1 has also filed another trade mark application, namely, Application No. 6662537, for the mark KBACT-CM, dated October 9, 2024, on a proposed to be used basis, covering goods in Class 5. The term ‘use’ includes, but is not limited to, use on and in relation to pharmaceutical preparations, on promotional or advertising material, on third-party business listing websites and e-commerce websites/pharmacies;

4. Defendant No. 1 undertakes that besides Application Nos. 3378037 and 6662537, it has not filed, caused to be filed, and/or does not own any other trade mark application(s)/ registration(s), and will not file/cause to be filed, at any future time, any trade mark application(s) for (i) the mark KBACT, (ii) any mark that incorporates the mark KBACT, whether alone or in conjunction with any other words(s) and/or devices; and/or (iii) any marks that are identical/similar to the Plaintiff’s T-BACT Mark, whether alone or in conjunction with other word(s) and/or device(s), covering any goods or services, including, but not limited to, pharmaceutical and medicinal preparations, or any allied/cognate/related goods and/or services;

5. Defendant No. 1 undertakes to file, at its own cost, requests at the Trade Marks Registry, seeking withdrawal of Application Nos. 3378037 and 6662537, within fifteen (15) days from the date of decree of the present civil suit by the Hon’ble Court, and to provide proof of such filing to the Plaintiff’s counsel, Sujata Chaudhri IP Attorneys, within two (2) days thereof. The Defendant No. 1 further undertakes to ensure that the cancellation/withdrawal requests are recorded at the earliest;

6. Defendant No. 1 acknowledges that the mark KBACT was in use and now, undertakes that it will never, whether directly or indirectly, in the future, use (i) the KBACT mark; (ii) any marks that incorporate the KBACT mark, whether alone or in conjunction with any other words(s) and/or devices; and/or (iii) any marks that are id