Monday, October 11, 2010

Schering-India-Subsidiary's Trademark Claim: Bounced Out Of Court

The New Delhi bureau of The Times of India reports this morning that legacy Schering-Plough's Fulford India affiliate has lost a battle claiming local trademark violations by United Biotech -- in and to the anti-bacterial name Netmicin, as an allegedly-confusing derivative of Schering-Plough's "Netromycin®", thus -- do go read it all:

. . . .[From New Delhi:] The Bombay high court has dismissed the plea of US drug giant Schering-Plough and its India-arm Fulford India, seeking injunction against United Biotech and Oscar Remedies from using the trademark ‘Netmicin’ alleging it infringes upon the trademark Netromycin used for its antibacterial drug.

When a trademark is derived from the common generic name, no single proprietor can claim absolute monopoly in such name or trade mark, ruled high court.

“When a proprietor adopts a trademark on the basis of name of generic drug or ingredient, it will be safe to assume that he is aware that the other proprietors are also likely to adopt and use similar marks in case their product is based on the same generic drug or ingredient. In such a case, the first user cannot claim exclusivity on his trademark or in the name which is derived from the generic drug”, said a bench comprising Justice DK Deshmukh and Justice RP Sondurbaldota. . . .

The court further [reasoned that] consumers were not likely to be confused in choosing the products of two rival manufacture companies. . . . the [United Biotech] goods were purchased in bulk by the hospitals and not by the common consumers as they are not sold over the counter. The drug of the appellants, Fulford and Schering, were on the other hand sold over the counter to the consumers, the high court said. . . .

Sees right to me -- we'll keep you informed of any later proceedings.

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