Delhi High Court Sets Aside Ex-Parte Injunction in 'PRO-EASE' vs 'PRUEASE' Trademark Tussle, Orders Swift Re-Hearing

New Delhi: In a significant procedural development in a trademark dispute, the Delhi High Court has set aside an ad-interim ex-parte injunction that had restrained Sun Pharma ceutical Laboratories Ltd from using its 'PRUEASE' mark. The Division Bench, comprising Hon'ble Mr. Justice Navin Chawla and Hon'ble Ms. Justice Shalinder Kaur , remanded the matter back to the trial court for a fresh, expedited hearing on merits after both parties consented to the course of action.

The Original Dispute and Injunction

The case originates from a suit filed by RSPL Healthcare P Ltd against Sun Pharma ceutical Laboratories Ltd in the District Judge (Commercial Courts), Patiala House. RSPL alleged that Sun Pharma 's trademark 'PRUEASE' was deceptively similar to its registered trademark 'PRO-EASE'.

On December 3, 2024, the trial court had granted an ad-interim ex-parte injunction in favour of RSPL. This order prohibited Sun Pharma from using the 'PRUEASE' mark in any form and also appointed a Local Commissioner to seize all goods, packaging, and other materials bearing the allegedly infringing mark. Sun Pharma subsequently appealed this order before the Delhi High Court.

Arguments and Consensus in the High Court

Before the High Court, senior counsels for both Sun Pharma and RSPL Healthcare engaged in discussions. The court noted that after some suggestions were made, the parties reached a consensus.

The judgment records the agreement: "...the learned senior counsel for the parties submits that, without prejudice to the rights and contentions of the respondents, the Impugned Order may be set aside with the direction to the learned Trial Court to expedite the hearing of the application filed by the respondents under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908 (CPC)."

This agreement allowed the parties to bypass a protracted legal battle over the validity of the ex-parte order itself and move directly to arguing the injunction application on its merits.

Court’s Final Order and Directions

Acting on the consensus, the High Court issued the following directions:

Setting Aside the Order: The ex-parte injunction order dated December 3, 2024, was formally set aside.

Restoration of Application: The original application for an interim injunction (under Order XXXIX Rules 1 & 2 of the CPC) was restored to the file of the trial court.

Expedited Timeline: The court established a strict timeline for the proceedings. Sun Pharma is to file its reply to the injunction application within two weeks, and RSPL can file a rejoinder within one week thereafter.

Next Hearing: The trial court is directed to list the matter on January 16, 2025 , and endeavour to dispose of the application within one month of that date.

The decision effectively vacates the immediate restrictions placed on Sun Pharma , including the seizure of goods, and ensures that the question of temporary injunction is decided after hearing both sides in a time-bound manner. The appeal was disposed of with these terms.