Trademark Infringement: Delhi HC rejects Sun Pharma plea against Hetero over cancer drug Letroz

Holding that when the name is derived or coined from the name of the principal ingredient being used in the manufacture of the drug, no distinctiveness or exclusiveness can be claimed by the manufacturer, the Delhi High Court has rejected an appeal by drug major Sun Pharma against Hetero Healthcare alleging infringement of its trade mark Letroz, a generic drug for second line treatment of advanced breast cancer.

A division bench of Justices Vibhu Bakhru and Amit Mahajan upheld the decision of the Commercial Court that noted that it was apparent that the mark adopted by Sun Pharma was nothing but the first six letters of the ingredient, 'Letrozole', which is the international non-proprietary name (INN) of a salt.

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Setback: HC Rejects Sun Pharma Plea Against Hetero Alleging Trademark Infringement Of Cancer Drug Letroz