Sanitary Napkins & Medicines Are Not ‘Allied or Cognate’: Delhi HC Rejects RSPL’s Trademark Claim

Sanitary Napkins & Medicines Are Not ‘Allied or Cognate’: Delhi HC Rejects RSPL’s Trademark Claim

The Delhi High Court has rejected RSPL Health’s plea against Sun Pharma, ruling that sanitary napkins and medicinal products are neither “allied” nor “cognate” goods under trademark law. 

A Division Bench held that differences in the nature of goods, trade channels, purpose, and target consumers negate any likelihood of confusion or passing off between RSPL’s “PRO‑EASE” (menstrual products) and Sun Pharma’s “PRUEASE” (constipation medicine). 

The Court further observed that trademark protection does not extend across unrelated product categories merely due to phonetic similarity.

RSPL’s appeal was dismissed, leaving Sun Pharma free to continue using its mark. (RSPL Health Pvt. Ltd. v. Sun Pharma Laboratories Limited & Anr)

Read Judgment / 9 months ago

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