The Appellant, RSPL Health Pvt. Ltd., has been using the PRO-EASE mark since 2012 in relation to feminine hygiene products, particularly sanitary napkins. Whereas, Sun Pharma Laboratories Ltd. adopted the PRUEASE mark in 2017 for a prescription medication. According to the Appellant, the marks were deceptively similar and filed a suit against Sun Pharm. However, the District Judge rejected the Appellant’s plea for interim relief, ruling that no reasonable consumer would confuse a sanitary napkin with a pharmaceutical drug. On appeal, the Appellant contended that the marks PRO-EASE and PRUEASE are deceptively similar. They also argued that they had the right to expand the use of PRO-EASE to allied and cognate goods, such as pharmaceuticals for menstrual health. However, the Court upheld the District Judge’s findings and held that sanitary napkins and medicinal products are not allied or cognate goods, and operate through different trade channels.
Source: RSPL Health Pvt. Ltd. v. Sun Pharma Laboratories Limited & Anr. [FAO(COMM) 65/2025]
