Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd.
Decided on: 12.09.2014
In the High Court of Delhi
Appellant, marketed Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL.
Respondent adopted the trademark EXITOL for administering Lactitol. Appellant filed a suit for infringement of Trade Mark. Learned Single Judge denied the injunction to the Appellant on the ground that the drugs are being used for different purposes and there are marked differences in appearance of the packaging, ingredients, intended purchaser, price, form and manner of administration etc.
The Appellant aggrieved by the said order, filed an appeal before the Division Bench of the High Court.
The Division observed as follows:
• Admittedly, both the drugs are schedule H drugs and are sold only on prescription. The word TOL is prefixed by word ‘EXI’ in the defendant’s mark and by the word ‘OXE’ in the appellant’s mark.
• It is noticed that the active ingredients of the two products are different.
• The product of the appellant is available in capsules and tablets and that of the respondent is available in syrups or granules.
• The packaging and visual representation of both the products is quite dissimilar. Further, the two drugs are used for totally different purposes, as OXETOL is used as an anticonvulsant for mood stabilizing whereas EXITOL is used as a laxative.
• The respondent’s product EXITOL can be administered only to patients admitted in the hospital and thus it has to be prescribed by trained doctors and administered by trained nurses.
• In our considered view, we find no infirmity with the findings arrived at by the learned Single Judge at this stage, which are prima facie in nature.
Consequently, the appeal was dismissed.