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. The Appellant filed a suit against Sun Pharma as they alleged that the rival marks are deceptively similar. 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 and thus, the Respondent should be restrained from using the PRUEASE mark. However, the Court upheld the District Judge’s findings and held that sanitary napkins and medicinal products cannot be considered as allied or cognate goods, and also operate through different trade channels. The appeal was dismissed.
Source: RSPL Health Pvt. Ltd. v. Sun Pharma Laboratories Limited & Anr. [FAO(COMM) 65/2025]