Bombay High Court

Bombay High Court: Adwin Pharma Barred from Using 'ELGIMET' Due to Trademark Infringement

Updated
Nov 21, 2025 2:41 PM
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Summary: A court case involving Laboratories Griffon Pvt. Ltd. and Adwin Pharma over the use of similar names for diabetes medications.

Background of the Case

Laboratories Griffon Pvt. Ltd., a company established in 1947, is known for its diabetes medications under the names "GLIMET" and "GLIMET DS." They found out that Adwin Pharma was using the name "ELGIMET" for similar products. This led to a legal fight over the use of similar names.

The Dispute

In June 2024, Laboratories Griffon noticed Adwin Pharma's "ELGIMET" products online. They argued that "ELGIMET" was too similar to "GLIMET," which could confuse customers. The court had initially allowed Laboratories Griffon to temporarily stop Adwin Pharma from using the name.

"The temporary request is to stop Adwin Pharma from using the name 'ELGIMET' or any other name that looks or sounds too similar."

Arguments from Both Sides

Laboratories Griffon:
They claimed that the names "GLIMET" and "ELGIMET" looked and sounded similar, especially since both are diabetes medications. They stressed the importance of having unique names for medicines.

Adwin Pharma:
They argued there was no similarity and that their product was priced differently, which would reduce confusion. They also mentioned that they were in the process of getting their name officially registered, saying they chose the name honestly.

Court's Analysis

The court, led by Judge Sharmila U. Deshmukh, looked at the chance of customers getting confused. They noted that even small similarities in medicine names could cause big problems, especially for elderly or people who can't read well.

"The test for confusion has to be seen from the point of view of an average customer who might not remember perfectly."

Decision

The court decided there was a good chance that people could mix up "GLIMET" and "ELGIMET." They confirmed the temporary order stopping Adwin Pharma from using the name "ELGIMET."

"There is a clear case of trademark infringement."

Verdict Summary

The court ruled in favor of Laboratories Griffon, stating that it's important to have unique names for medicines to avoid confusing customers.