{"id":145665,"date":"2025-10-02T10:21:07","date_gmt":"2025-10-02T04:51:07","guid":{"rendered":"https:\/\/www.bananaip.com\/intellepedia\/?p=145665"},"modified":"2025-10-02T10:21:07","modified_gmt":"2025-10-02T04:51:07","slug":"cipla-cofsils-vs-dolosils-delhi-high-court","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/cipla-cofsils-vs-dolosils-delhi-high-court\/","title":{"rendered":"COFSILS v. DOLOSILS: Delhi HC Rules in Favour of Cipla"},"content":{"rendered":"
Background<\/strong><\/h5>\n

The Plaintiff, Cipla Health Limited (\u201cCipla\u201d), engaged in the healthcare business, is well known for its COFSIL range of products. One of its most successful products is COFSILS Lozenges sold in various flavours with distinctive packaging. Cipla also markets COFSILS Cough Syrup, which has its own unique trade dress and packaging.<\/p>\n

The mark \u2018COFSILS\u2019 was coined and adopted by Cipla Limited in 2002 and later assigned to Cipla in 2016. Since then, Cipla has developed and marketed the COFSILS Lozenges with packaging that includes distinctive features such as an orange-white-blue-silver colour scheme, curved design, sparkle motif, square-round indentation, specific placement of product details, and blister packs of 10 lozenges. The COFSILS Cough Syrup trade dress and packaging were introduced in 2017.<\/p>\n

In February 2025, Cipla discovered that the Defendants were selling DOLOSILS Lozenges and Cough Syrup under the impugned mark\/trade dress\/packaging that were deceptively similar to Cipla\u2019s COFSILS Lozenges and Cough Syrup. Defendant No. 1, Micro Labs Limited (\u201cMicro Labs\u201d), had applied for registration of the wordmark DOLOSILS in Class 5 on 1 December 2023, on a \u201cproposed to be used\u201d basis. The products were manufactured and sold through Defendant Nos. 2 (subsidiaries\/sister concerns) and Defendant No. 3 (manufacturer of DOLOSILS Cough Syrups).<\/p>\n

Cipla issued a cease-and-desist notice in February 2025. Micro Labs initially proposed to resolve the dispute, and discussions took place between March and May 2025. However, Micro Labs subsequently stopped responding. In July 2025, promotions on Micro Labs\u2019 LinkedIn page showed expansion of DOLOSILS Cough Syrup. Accordingly, Cipla\u2019s investigator purchased these infringing products from the Delhi market and various e-pharmacies. Interestingly, Micro Labs\u2019 website falsely claimed that the products were \u201claunching soon,\u201d, even though they were already available in the market, suggesting an attempt to evade liability.<\/p>\n

Aggrieved by these actions, Cipla filed a suit before the Delhi High Court seeking an interim injunction against the Defendants.<\/p>\n

Cipla\u2019s Arguments<\/strong><\/h5>\n