Bombay High Court Restrains Alto Healthcare From Using “MEFIAL-SPAS” Medicine Brand, Holds It Infringes MEFTAL-SPAS Trademark

The Bombay High Court has permanently restrained Alto Healthcare Pvt. Ltd. and another from using the trademark “MEFIAL-SPAS”, holding that it infringed the registered trademarks “MEFTAL” and “MEFTAL-SPAS” owned by Blue Cross Laboratories Pvt. Ltd. Justice Arif S. Doctor observed that the defendants had merely substituted the letter “T” in MEFTAL-SPAS with the letter “I” to create MEFIAL-SPAS, resulting in a mark that was visually, phonetically and deceptively similar to the plaintiff’s trademark. The Court further noted that the defendants had copied the plaintiff’s blue-and-red colour scheme, packaging, trade dress and artistic work, thereby creating a strong likelihood of consumer confusion.

Blue Cross Laboratories established that it had been using the trademarks MEFTAL and MEFTAL-SPAS continuously since the early 1980s and had secured statutory trademark and copyright registrations. Evidence including sales records, export invoices and registration certificates demonstrated that the marks had acquired substantial goodwill and distinctiveness in the pharmaceutical market. The Court held that the defendants’ adoption of an almost identical mark and packaging was dishonest and intended to exploit the plaintiff’s reputation.

Relying on established principles governing deceptive similarity, the Court concluded that the rival products were likely to mislead consumers, particularly because both related to medicinal preparations where public health concerns demand greater scrutiny. While the Court declined the plaintiff’s claim for ₹1 lakh damages due to lack of supporting evidence, it decreed the suit and granted a permanent injunction against trademark infringement, copyright infringement and passing off. The Court also directed each defendant to pay ₹5 lakh as costs within eight weeks, failing which the amount would carry interest at 8% per annum.

Case: Blue Cross Laboratories Private Limited v. Alto Healthcare Private Limited & Anr.

Court: Bombay High Court

Judge: Justice Arif S. Doctor

Decision Date: 17 June 2026.