Apex Laboratories And Medifame Resolve ARK/AR-KD Branding Suit Through Madras HC Compromise Decree

Apex Laboratories sued Medifame Biotech alleging infringement of its registered trademark “ARK PAIN RELIEF SPRAY” and copyright infringement concerning the colour scheme, get-up and layout of the defendant’s packaging

The parties informed the Court that they had entered into a Memorandum of Compromise dated 26 September 2026 and requested a decree in its terms.

The memorandum, signed by the plaintiff’s authorised signatory and the defendant’s proprietor, with both counsel joining in its execution, was presented to the Court.

The judgment does not identify or apply any specific statutory provision, legal test or precedent.

It proceeds on the procedural basis that the Court may decree the suit in accordance with a compromise presented by the parties and accepted by the Court

The Court recorded that the compromise was in writing, signed by the plaintiff’s authorised signatory and the defendant’s proprietor, and executed with the participation of counsel for both sides.

As both parties sought a decree in its terms and the original memorandum was presented for approval, the Court gave effect to their settlement by incorporating it into the decree.

No separate determination of the trademark or copyright allegations was made.

No costs were awarded, and the connected applications were closed.