Sun versus Cipla: Madras HC refuses to stop Sun Pharma from using word 'Respules'
Passing interim orders, the judge said the evidence on record indicates prima facie that the word 'Respules' is used both by other manufacturers and by authorities such as the Director General of Health Services and the Drug Controller.;
Chennai: The Madras High Court has declined to restrain Sun Pharmaceuticals Industries Limited in Nandanam here from using the word 'Respules' in its business operations.
Justice Senthilkumar Ramamoorthy gave an interim ruling to this effect, while disposing of three interlocutory applications arising out of a civil suit from Cipla Limited in Alapakkam here and in Mumbai, recently.
The first application sought to restrain Sun Pharmaceuticals, their partners or proprietors, servants, agents, stockists, distributors, wholesalers, retailers and printers and all persons acting through or under its direction from reproducing, printing or publishing any label or packaging, including cartons, tubes and caps for purpose of exports, which are a colourable imitation or substantial reproduction of the applicant's subject products -- 'Budecort Respules' and 'Doulin Respules'.
The second one sought to restrain the firm from dealing in medicinal products or goods of any description bearing the mark 'Respule' and/or any other marks that are identical or deceptively similar to the applicant's registered trademark 'Respule' or containing any component of the subject trademark, amounting to infringement of the applicant's registered trademark number 1127296.
The third one sought to restrain Sun Pharmaceuticals from dealing in medicinal products or goods of any description, using a packaging identical, or deceptively similar to the applicant's packaging for 'Budesonide Respules' and 'Doulin Levosalbutamol Respules'.favorable
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