Madras High Court
Apollo Hospitals Enterprise Ltd vs Apollo Medical Laboratory on 17 September, 2025
C.S(COMM DIV) No. 83 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-09-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
C.S(COMM DIV) No. 83 of 2025
and
OA Nos. 305 to 307 of 2025 & A No. 1565 of 2025
1. Apollo Hospitals Enterprise Ltd
Having its Reg. office at
No 19 Bishop Gardens
Raja Annamalaipuram,
Chennai 600 028, Rep by its Authorised
Signatory Mr S.M.Mohan Kumar
2.Apollo Health And Lifestyle Limited
7-1- 617/ A , 615 and 616
th
Imperial Towers, 7 Floor, Ameerpet,
Hyderabad, Telengana 500038
Rep by its Authorised Signatory
Mr S.M.Mohan Kumar Appellant(s)
Vs
1. Apollo Medical Laboratory
A partnership firm having office at
II Floor, City Centre, Fort Road, Kannur,
Kerala-6700001
Rep by its Partners
2.Abdulla Zubair
3.Dr Jayadeep
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C.S(COMM DIV) No. 83 of 2025
4.Rohith Das
5.P Prasadan
6.Linesh N K
2 to 6 partners, APOLLO Medical Laboratory,
All having office at II Floor, City Centre, Fort
Road, Kannur, Kerala 670 001
7.Diagnosis Evaluation and Research Pvt Ltd
Having Reg. Office at
City Centre, Fort Road, Kannur
Kerala 670001
Rep by its Director Mr Abdulla Zubair Respondent(s)
PRAYER
a.Permanent injunction restraining the Defendants, its
proprietor/directors/partners officers, dealers, distributors, successors-in-
business, servants, agents, employees, representatives and all other persons
claiming through or under them from in any manner from infringing the
registered trademarks of the Plaintiff including but not limited to "Apollo"
"Apollo Hospitals" "Apollo Diagnostics" "Apollo Lab", "Apollo Medical
Centre" and "Apollo Clinic" and its variants by using the "APOLLO MEDICAL
LABORATORY/ mark and/or any other mark identical and/or
deceptively similar mark in any other manner whatsoever.
b. Permanent injunction restraining the Defendants, its
proprietor/directors/partners, officers, dealers, distributors, successors-in-
business, servants, agents, employees, representatives and all other persons
claiming through or under them from in any manner from passing off and/or
enabling others to pass off the Plaintiff's trademarks including but not limited to
"Apollo" "Apollo Hospitals" "Apollo Diagnostics" "Apollo Lab", "Apollo
Medical Centre" and "Apollo Clinic" and its variants by using the "APOLLO
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C.S(COMM DIV) No. 83 of 2025
MEDICAL LABORATORY/ " mark and/or any other mark identical
and/or deceptively similar mark in any other manner whatsoever.
C. Permanent injunction restraining the Defendants its
proprietor/directors/partners and officers, dealers, distributors successors-in-
business, servants, agents, employees, representatives and all others persons
claiming through or under them from in any manner from diluting the
distinctive character of Plaintiffs' trademarks including but not limited to
"Apollo" "Apollo Hospitals" "Apollo Diagnostics" "Apollo Lab", "Apollo
Medical Centre" and "Apollo Clinic" and its variants or indulging in any
activity which takes unfair advantage of Plaintiffs' goodwill and reputation in
Plaintiffs' registered trademarks or by any activity amounting to unfair trade
practice.
d. The Defendants be ordered to surrender to the Plaintiffs for destruction all
labels, cartons, containers, packaging materials, blocks, dyes, prints, screen
prints, notices, pamphlets, advertisements, hoardings, and other promotional
materials bearing the ""APOLLO MEDICAL LABORATORY/ ” mark
which is identical to the Plaintiff's registered trademark "Apollo" "Apollo
Hospitals" "Apollo Diagnostics" “Apollo Lab", "Apollo Medical Centre" and
"Apollo Clinic" and its variants;
e. Permanent injunction restraining the Defendants its
proprietor/directors/partners and officers, dealers, distributors successors-in-
business, servants, agents, employees, representatives and all others persons
claiming through or under them from in any manner
selling/transferring/assigning their business or trade name bearing the name
"APOLLO MEDICAL LABORATORY/ and its variation to any third
party in any manner that directly or indirectly infringes upon or passes off the
Plaintiffs' trademarks, including but not limited to "Apollo", "Apollo Hospitals",
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C.S(COMM DIV) No. 83 of 2025
"Apollo Diagnostics", "Apollo Lab", "Apollo Medical Centre", "Apollo Clinic",
and its variants.
f. Pass a Preliminary decree in favour of the Plaintiffs directing the Defendants
for rendition of their accounts of sales and profits of the impugned goods sold
by the Defendants under the impugned mark "APOLLO MEDICAL
LABORATORY/ mark and a final decree be passed in favour of the
Plaintiffs for the amount of profit found to have been made by the Defendants
after such accounts are rendered;
g. Defendants be ordered and decreed to pay the Plaintiffs a sum of 10,00,000/-
as compensatory damages for committing acts of infringement of trademark and
passing off or such other sum as may be found due and payable by Plaintiffs.
For Appellant(s): Mr.Giridharan P
For Respondent(s): Mr. T.Sezhian (for D1, D5 & D6)
JUDGMENT
Both the learned counsel for the parties submit that a settlement was
reached between the parties and parties have executed a diagnostics service
agreement (settlement agreement) dated 29.05.2025. The learned counsel for the
plaintiffs submitted a memo dated 15.09.2025 stating that the plaintiffs and
defendants have resolved the dispute amicably and arrived at an amicable
settlement. The settlement agreement dated 29.05.2025 entered into between
the parties is taken on file and is usefully extracted as under:
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On a careful consideration of the terms thereof, I find no legal impediment to
issue a decree in terms thereof.
2.Therefore, C.S(COMM. DIV.) No.83 of 2025 is decreed in terms of the
settlement agreement entered into between the parties dated 29.05.2025. The
said settlement agreement shall form part of the decree. No costs.
Consequently, connected Miscellaneous Applications are closed.
3.Considering the fact that the dispute has been resolved between the
parties even before the issues were framed, Registry is directed to refund the
Court fee after due adjustments, under the provisions of the Tamil Nadu Court
Fees and Suits Valuation Act, 1955.
17-09-2025
sai
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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N.SENTHILKUMAR J.
sai
To
1.Apollo Medical Laboratory
A partnership firm having office at
II Floor, City Centre, Fort Road,
Kannur, Kerala-6700001 Rep by its Partners
2.Abdulla Zubair
3.Dr Jayadeep
C.S(COMM DIV) No. 83 of 2025 and
OA Nos. 305 to 307 of 2025 & A No. 1565 of 2025
4.Rohith Das
5.P Prasadan
6.Linesh N K
2 to 6 partners, APOLLO Medical Laboratory,
All having office at II Floor, City Centre, Fort
Road, Kannur, Kerala 670 001
7.Diagnosis Evaluation and Research Pvt Ltd
Having Reg. Office at City Centre, Fort Road,
Kannur, Kerala 670001
Rep by its Director Mr Abdulla Zubair
17-09-2025
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