Full Judgment Text
$~136
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 15 May, 2026
+ CS(COMM) 403/2025
GLAXOSMITHKLINE PHARMACEUTICALS
LIMITED .....Plaintiff
Through: Mr. Urfee Roomi, Ms. Janaki Arun,
Mr. Ayush Dixit and Ms. Angela Arora,
Advocates.
versus
WALTER HEALTHCARE PRIVATE LIMITED
AND ANR .....Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGEMENT
JYOTI SINGH, J. (ORAL)
1. This suit is instituted on behalf of the Plaintiff inter alia seeking a
decree for permanent injunction restraining Defendants and all others acting
on their behalf from manufacturing, offering for sale, selling, displaying,
advertising, marketing, whether directly or indirectly any tablets and/or
other medicinal or pharmaceutical products bearing Defendants’ WALPOL
mark and/or any other mark deceptively similar to Plaintiff’s CALPOL and
CALPOL FAST marks.
2. It is stated in the plaint that Plaintiff is a company incorporated under
the Companies Act, 1913 and is a member of GSK group of companies, of
which GSK plc (‘GSK’) is the parent company. Headquartered in United
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Kingdom, GSK traces its roots to the year 1715 and since then it has grown
immensely with a significant global presence in more than 150 markets, a
network of manufacturing sites and research and development network with
strategic global hubs in US, UK, Belgium and key expert facilities in Italy
and Spain. GSK is an international science-led global healthcare company
that researches and develops a broad range of innovative specialty
medicines, namely, pharmaceuticals and vaccines and has numerous
subsidiaries around the world, one of them being the Plaintiff. GSK’s
worldwide turnover has shown increases over the years and at least since
2001, the annual turnover has exceeded Rs. 2,00,000 Crores, which is
evident from the Annual Reports filed as Document-8 with the plaint.
Substantial amount has been invested by GSK towards promotion and
advertisement of its products and it has garnered formidable goodwill and
reputation globally and in India.
3. It is stated that GSK first entered the Indian market through its
distributors in 1919 and direct trade with India commenced in 1924. On
13.11.1924, company named H. J. Foster & Company, Limited was
incorporated in Mumbai, which changed its name to Glaxo Laboratories
(India) Private Limited and in 1968, this company became a public company
under the name Glaxo Laboratories (India) Limited, which became known
as GlaxoSmithKline Pharmaceuticals Limited, the Plaintiff herein.
4. It is stated that Plaintiff has been and continues to be one of the
market leaders in many therapeutic areas and in preventive health care in
India and its sales turnover figures have exponentially increased to
Rs.3,57,629/- (in lakhs) in 2024. Over the years, Plaintiff has received
several awards as detailed in Document-14 in the List of Documents.
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5. It is stated that Plaintiff first adopted and used the mark CALPOL in
1991 and has since then sold and continues to sell pharmaceutical
preparations including tablets, syrups and oral drops till date under the said
mark, through a network of distributors and stockists throughout India, both
online and offline. Owing to long and continuous use of CALPOL marks,
consumers in India associate the CALPOL marks with the Plaintiff only.
The mark CALPOL is inherently distinctive and entitled to highest degree of
protection under the Trade Marks Act, 1999 (‘1999 Act’). The sales figures
pertaining to sales of products under the CALPOL marks as also the
expenditure on marketing and promotion reflect the enviable reputation and
goodwill earned by the Plaintiff. The sales figures have been placed in a
sealed cover to preserve their confidentiality and the marketing expenditure,
is as follows:-
Year Ending Marketing Spend (in '000
INR)
2014 More than 12,000.00
2015 More than 21,000.00
2016 More than 38,000.00
2017 More than 45,000.00
2018 More than 42,000.00
2019 More than 85,000.00
2020 More than 50,000.00
2021 More than 63,000.00
2022 More than 28,000.00
2023 More than 38,000.00
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2024 More than 41,000.00
6. It is stated that medicinal and pharmaceutical preparations under the
CALPOL marks have received extensive coverage over the years in
renowned and widely circulated publications, pharmacy guides and medical
journals in India as also the online platform. Search for Plaintiff’s CALPOL
marks on search engines, GOOGLE.CO.IN generates only Plaintiff’s mark
CALPOL, as can be seen from the search results appended as Document-20
in the list of documents.
7. It is stated that Plaintiff is the proprietor of two valid and subsisting
trademarks for Plaintiff’s CALPOL marks in India i.e., CALPOL and
CALPOL FAST, as follows:-
Reg. No. Mark Goods Registration
Valid Until
Date
230069 CALPOL Pharmaceutical
July 13, 1965 July 13,
preparations
2027
5249980 CALPOL
Pharmaceutical
December
December
FAST
and medicinal
16, 2021
16, 2031
preparations
and
substances;
vaccines
8. It is stated that Plaintiff has been extremely vigilant in protecting and
enforcing its intellectual property rights and has filed law suits, where ex
parte interim injunctions have been granted and infringing parties have been
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permanently injuncted.
9. It is stated that in September, 2024, Plaintiff learnt about Defendant
No.2, when it came across his trademark Application No. 5753703 for the
mark WALPOL. It was found that Defendant No.2 is also a Director in
Defendant No.1 company and they are selling/offering for sale/advertising
their pharmaceutical preparations through their own interactive websites
www.walterhealthcare.in and www.walterhealthcare.co.in using the mark
WALPOL, which was nearly identical/deceptively similar to Plaintiff’s
CALPOL marks, so much so that only the first letter ‘C’ was replaced with
‘W’. Both rival marks comprise of six letters of which five are the same and
both end with ‘POL’ and considering that the marks are deceptively similar
and products are identical and sold through common trade channels with
common consumers, confusion amongst members of public and potential
customers was inevitable and this led the Plaintiff to file the present suit
after issuing cease and desist notice dated 10.09.2024 to Defendant No.2.
Proceedings in the Suit
10. Summons were issued in the suit on 02.05.2025 and on the same date
Court granted ex parte ad interim injunction restraining Defendants and all
others acting on their behalf from using the WALPOL mark and/or any
other mark identical or deceptively similar to Plaintiff’s CALPOL
trademarks. However, during the pendency of the suit, parties have amicably
settled their inter se disputes as recorded in the order dated 30.04.2026 and
Defendants have agreed to give up use of the impugned mark/any mark
deceptively similar to Plaintiff’s marks and suffer injunction as also pay a
sum of Rs.2,00,000/- as damages within three months. Accordingly, the
Court decreed the suit in favour of the Plaintiff and against the Defendants
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in terms of paragraphs 54(a) to (c) and (f) as also (h) to the extent of agreed
damages, in light of the settlement between the parties, recording that there
was no existing stock in the market or elsewhere with the Defendants and
that Defendants shall withdraw application no. 5753703 for registration of
the mark WALPOL, if not already withdrawn. Court is now only to consider
prayer 54(g) of the plaint for declaration of mark CALPOL as a well-known
trademark.
Well-known trademark
11. Learned counsel for the Plaintiff submits that Plaintiff’s CALPOL
trademark be declared as a well-known trademark in terms of Section
2(1)(zg) of the 1999 Act as per relief sought in paragraph 54(g) of the plaint
as it satisfies all the requisite criteria in this respect. It is submitted that
Section 11(6) of the 1999 Act deals with five factors which are required to
be taken into consideration by the Registrar of Trade Marks while
determining whether a trademark can be declared as a well-known
trademark and as per the Scheme of the 1999 Act, Section 11(7) provides
the factors that Registrar must consider while deciding whether the
trademark is known or recognised in the relevant section of the public for
the purpose of sub-Section (6). It is urged that Plaintiff has placed on record
relevant data with corroborating and supporting documents which amply
demonstrates that the mark CALPOL fulfils all the five parameters/factors to
be declared a well-known mark. Broadly, the data furnished in respect of
each of the five factors is as follows:-
(i) Factor 1 Section 11(6)(i) : Knowledge and recognition in
relevant section of the public in India obtained because of promotion:
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(a) Plaintiff adopted the trademark CALPOL in 1991 and
has been using the same since then continuously, uninterruptedly
and extensively in respect of tablets, syrups and oral drops
containing the active ingredient Paracetamol in combination with
other ingredients such as Tramadol, as an antipyretic for the
treatment of mild-to-moderate pain, common cold, headache and
fever in India. Documents evidencing use of the mark such as
sales invoices from 28.11.1991 etc. are filed as Document-15. (pdf
pages 150-167);
(b) Plaintiff’s products under CALPOL marks have been
continuously and extensively marketed through
advertisements/marketing material and different kinds of
promotional campaigns. (Document-18: pdf pages 299-327);
(c) Medicinal and pharmaceutical preparations under
CALPOL marks have received extensive coverage in renowned
and widely circulated publications, pharmacy guides and journals
in India as also on online platforms. (Document-19: pdf pages
328-344); and
(d) Plaintiff’s products sold under the CALPOL mark have
generated huge revenues and illustratively, in the year 2024 alone
the sales have exceeded Rs. 300 crores. Copies of invoices
reflecting sales are filed as Document-15, however, sales figures
have been filed in sealed cover for the sake of confidentiality. (pdf
pages 150-159).
(ii) Factor 2 Section 11(6)(ii) : Duration, extent and geographical
area of any use of that trademark:
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(a) In India, Plaintiff first used the CALPOL mark in 1991
and since then has sold and continues to sell medicinal and
pharmaceutical preparations including tablets, syrups and oral
drops, bearing Plaintiff’s CALPOL mark. (Document 15: pdf
pages 150-167); and
(b) Plaintiff’s products bearing CALPOL mark are sold
through a network of distributors and stockists throughout India as
well as through online pharmacies. Extracts from webpages of
online pharmacies are filed as Document-16. (pdf page 168-175).
Invoices for the period 1991 to April, 2024 are filed as Document-
17. (pdf pages 176-298).
(iii) Factor 3 Section 11(6)(iii) : The duration, extent and
geographical area of any promotion of the trade mark, including
advertising or publicity and presentation, at fairs or exhibition of the
goods or services to which the trade mark applies:
(a) Marketing material showing extensive marketing and
promotion of products under CALPOL mark all over India.
(Document-18);
(b) Copies of articles with extensive coverage on CALPOL
mark and products sold thereunder highlighting the increasing
popularity and growth of the brand, are placed as Document-19;
(c) Online search for Plaintiff’s CALPOL mark on the
search engine GOOGLE.CO.IN generates numerous hits to
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Plaintiff’s CALPOL mark and no similar mark appears. Search
results are filed as Document-20. (pdf pages 345-348).
(iv) Factor 4 Section 11(6)(iv): The duration and geographical area
of any registration of or any application for registration of that
trademark under this Act to the extent they reflect the use or
recognition of the trademark:
(a) Plaintiff is the proprietor of valid and subsisting
registrations of CALPOL marks in India in Class 05, with the
oldest registration dating back to 13.07.1965, which is valid upto
13.07.2027. Registration Certificates as also Renewal certificates
evidencing that registrations are valid and subsisting and
certificates for use in legal proceedings are filed as Document-21.
(pdf pages 349-360).
(v) Factor 5 Section 11(6)(v): The record of successful
enforcement of the rights in that trademark, in particular, the extent to
which the trademark has been recognised as a well-known mark:
(a) Plaintiff has been extremely vigilant in protecting and
enforcing its intellectual property rights including the mark
CALPOL and have filed several law suits against third parties
infringing the trademark and/or passing off their goods such as:-
(i) CS(COMM)713/2024 where ex parte ad interim
injunction was granted in favour of Plaintiff on 23.08.2024.
(pdf pages 361-368);
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(ii) CS (COMM) 874/2024 where ex parte ad interim
injunction was granted in favour of Plaintiff on 04.10.2024.
(pdf pages 369-376);
(iii) CS(COMM) 301/2025 where consent decree of
permanent injunction was granted in favour of Plaintiff on
04.04.2025. (pdf pages 400-401);
(iv) CS(COMM) 322/2025 where ex parte ad interim
injunction was granted in favour of Plaintiff on 08.04.2025.
(pdf pages 402-409);
(v) CS (COMM) 280/2025 where consent decree was passed
in favour of Plaintiff vide order dated 11.08.2025; and
(vi) CS (COMM) 967/2024 where consent decree of
permanent injunction was granted in favour of Plaintiff on
19.08.2025.
12. Having considered the submissions made by Mr. Urfee Roomi,
learned counsel for the Plaintiff and upon examination of the material on
record, I am of the view that the trademark CALPOL has acquired extensive
recognition and association within the relevant section of the public in the
concerned industry with respect to pharmaceutical and medicinal products in
its long journey of over 35 years commencing from the year 1991. Plaintiff
has achieved several milestones over these years in the form of awards and
accolades and as evident from the sales figures placed in a sealed cover,
which Court has perused, sales turnover has shown an exponential increase
with sales exceeding Rs. 300 crores in the year 2024 alone and number of
pack units sold exceeding 20 crores. Investment on marketing/advertising
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and promotional material is also reflective of Plaintiff’s formidable and
enviable reputation and goodwill in the mark CALPOL. Many popular and
widely circulated publications such as Print, Business Standard, Economic
Times and Pharmacy Journals have covered the mark CALPOL extensively
and there is consistent visibility of the mark in almost all pharmacies across
the length and breadth of the country as also online on several third-party e-
commerce websites. In a recent press release on 30.04.2026 in UK,
CALPOL is shown as one amongst public’s top 10 Iconic British
trademarks.
13. Plaintiff’s long standing reputation and extensive, continuous and
uninterrupted use of the mark CALPOL across India reflects its significant
commercial presence and recognition and is testament of its distinctiveness
in the field of medicine and pharmaceutical products, both for adults and
children. Having considered the material placed on record by the Plaintiff, I
am of the considered view, that trademark CALPOL satisfies the criteria and
parameters set out in Sections 11(6) and (7) of the 1999 Act for declaring it
as a well-known trademark for medicinal and pharmaceutical products.
14. Accordingly, trademark CALPOL is declared as a well-known
trademark in terms of prayer 54(g) of the plaint within the meaning of
Section 2(1)(zg) of the 1999 Act.
15. Decree sheet be drawn up accordingly.
16. Suit stands disposed of.
JYOTI SINGH, J
MAY 15, 2026/YA
Signature Not Verified
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