Emcure Pharmaceuticals Limited v. Msure Pharmachem Llp

2026:BHC-OS:6377 1 COMIP 676-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 676 OF 2025 Emcure Pharmaceuticals Limited ... Plaintiff.

Versus

Msure Pharmachem LLP ... Defendant.

----- Mr Ashutosh Kane a/w. Ms. Maitri Asher and Ms. Avani Panchabhai i/by W.S. Kane and Co. for the Plaintiff.

Mr Sanket S. Bora a/w. Mr Dharan Gandhi and Vidhi Punmiya and Amiya Das i/by SPCM legal for Respondent.

----- Coram : Sharmila U. Deshmukh, J.

Date : March 11, 2026 P.C. :

1.

The fresh certificate of incorporation consequent upon the change of name is placed on record. By the certificate of incorporation, the name of the Defendant has now been changed to "MEDATRIX LIFESCIENCES LLP".

2.

The dispute in the present case arose by reason of the trade name of the Defendant which was Msure Pharmachem LLP, which according to the Plaintiff was identical/deceptively similar to the Plaintiff's registered trade mark "EMCURE". In light of the change of the trade name, the present cause of action does not survive. 3.

Ms. Shreya Dharamendra Doshi and Ms. Miloni Amit Shah, the designated partners of the Defendant LLP are present personally and sa_mandawgad 1 of

1 COMIP 676-25.doc undertakes that the Defendant will not revert to use of the erstwhile trade name. The said statement is accepted as undertaking given to this Court.

4.

The suit is disposed of in view of the said undertaking and on account of the change of the trade name evidenced from fresh certificate of incorporation. It is open for the Plaintiff to adopt appropriate proceedings in event of any infringement of the trade mark by the Defendant giving rise to a new cause of action. 5.

The consequent changes in the Income Tax Department and GST Department and drug licenses are stated to be effected within a period of 12 weeks. Till that time, the invoices of the Defendant is permitted to reflect the erstwhile name of the Defendant. However, after expiry of period of 12 weeks, the use of the erstwhile name by the Defendant should be forthwith stopped.

6.

Interim Application does not survive for consideration and same stands disposed of.

[Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 12/03/2026 14:51:25