Medical Dialogues
  • Dermatology
Sign in Signup
This site is intended for healthcare professionals only
Sign in Signup
  • Medical Jobs
  • Medical Matrimony
  • MD Brand Connect
  • MDTV
Medical Dialogues
  • Medical News
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • MCI News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Medical Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Aborad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
  • MDTV
      • Anesthesia
      • CTVS
      • Cardiology
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • Diet and nutrition
      • ENT
      • Gastroenterology
      • Health Dialogues
      • Health News today
      • Health Shorts
      • Health Updates
      • Health video of the day
      • Laboratory Medicine
      • Latest Videos
      • Latest Webinars
      • MD shorts
      • Medical News Today
      • Medical Updates
      • Medical Video of the day
      • Medicine
      • Nephrology
      • Neurology and Neurosurgery
      • Obstetrics and Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics & Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Top Videos
      • Urology
This site is intended for healthcare professionals only
Sign InRegister
Medical Dialogues
Sign inRegister
  • Home
  • Medical news
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • MCI News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Medical Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Aborad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
  • Case of the Day
  • Editorial
  • Home
  • News
  • Industry
  • Pharma News
  • Bombay HC restrains...

Bombay HC restrains firm from infringing Sun Pharma trademark Prolomet

Medical Dialogues TeamBy Medical Dialogues TeamPublished On 2021-10-23T17:54:05+05:30  |  Updated On 2021-10-23T17:57:24+05:30
Bombay HC restrains firm from infringing Sun Pharma trademark Prolomet

New Delhi: The Bombay High Court has noted an ad-interim injunction restraining the Salud Care (India) Private from using trademark PROLOMEK or any other trademark that is identical with or deceptively or confusingly similar to Sun Pharma Laboratories Ltd's mark PROLOMET.The order was issued during a hearing conducted by G S Patel through video conferencing, deliberating the case filed by...

New Delhi: The Bombay High Court has noted an ad-interim injunction restraining the Salud Care (India) Private from using trademark PROLOMEK or any other trademark that is identical with or deceptively or confusingly similar to Sun Pharma Laboratories Ltd's mark PROLOMET.

The order was issued during a hearing conducted by G S Patel through video conferencing, deliberating the case filed by Sun Pharma. The counsel for Sun Pharma informed the court that in April 2021, Sun Pharma learned that Salud Care (India) Private markets a pharmaceutical preparation for the treatment of hypertension with tachycardia, angina, hyperthyroidism, and myocardial infarction with the same based drug, Metoprolol Succinate, under the trade mark PROLOMEK.

Salud Care (India) Private also uses variants with numbers or combinations of numbers and letters.

The counsel for Sun Pharma in his submission argued that Sun Pharma and its predecessor-in-title have used several pharmaceutical preparations. However, in the instant case, the one formulation with which they are concerned is PROLOMET, adopted in October 2005.

PROLOMET contains the generic drug Metoprolol Succinate in tablet form.

This is prescribed for the treatment of hypertension, angina and arrhythmia. There are a number of trade variants, such as PROLOMET-XL 100, PROLOMET-XL 12.5 and so on. These indicate additional drugs in the formulations, the extended release dosage form and so on. Some of these additional formulations are combined with other generic drugs, including Telmisartan, also used for the treatment of heart and cardiac disorders.

Also Read: Trademark dispute over anti-ulcer drug Omez: Delhi HC rules in favour of Dr Reddy's

Further, the counsel for Sun Pharma added that the trade mark PROLOMET-XL received registration as a word mark on 10th October 2005 in Class 05. The disclaimer is in relation to the sufx XL. It is clear that PROLOMET forms the central, distinctive, leading, essential and memorable feature of this mark, the counsel added.

Further, a few years later, on 22nd May 2008, the Sun Pharma predecessor-in-title obtained registration of the mark PROLOMET as a word mark. Sun Pharma Laboratories' name has now been entered as a subsequent proprietor on the Register.

In addition, Sun Pharma stated that the mark has been used continuously and openly since 2006. The aggregate sales from then until 2019-2020 are over Rs. 91,000 lakhs. There are evidentiary documents annexed to substantiate this. Additional material points to expenses on sales promotion and publicity.

In line with the abovementioned claims, Sun Pharma noted that it has both statutory and common law rights and has achieved immense reputation and goodwill in the market.

After hearing the facts of the case, it was noticed by the court that Dr Chandrachud, counsel for Sun Pharma Laboratories, is prima facie correct in saying that there is almost nothing to distinguish the Salud Care (India) Private's mark PROLOMEK from the Sun Pharma Laboratories PROLOMET mark.

Also Read: Delhi HC restrains firm from infringing Sun Pharma trademark REVITAL

Only the last letter is changed. Structurally and visually, they are identical. Phonetically, one is very likely to be mistaken for the other.

The court ruled in favour of Sun Pharma and observed,

There is, apart from the commercial interest of the Plaintif, the public health dimension. These are distinct formulations and one should not be mistaken for the other. There is a sufficient prima facie case warranting the grant of an injunction. The fact that both are schedule H drugs that require a prescription makes the matter even more serious.

In view of the foregoing, the court held,

For the moment, there will be an ad-interim injunction until further orders restraining the Defendants, by themselves, their agents, directors, etc., from directly or indirectly using the mark PROLOMEK or any other trade mark containing that mark or any other mark that is identical with or deceptively or confusingly similar to the Sun Pharma Laboratories mark PROLOMET, whether with or without suffix, in any manner whatsoever.

To view the official order, click on the link below:

https://indiankanoon.org/doc/177394378/

sun pharma prolomet bombay high court trademark prolomek Salud Care Metoprolol Succinate 
Medical Dialogues Team
Medical Dialogues Team

    Medical Dialogues Bureau consists of a team of passionate medical/scientific writers, led by doctors and healthcare researchers. Our team efforts to bring you updated and timely news about the important happenings of the medical and healthcare sector. Our editorial team can be reached at editorial@medicaldialogues.in.

    Show Full Article
    Next Story
    Similar Posts
    NO DATA FOUND

    Editorial

    Air pollution and allergic rhinitis: Understanding the invisible, yet the inevitable  connection

    Air pollution and allergic rhinitis: Understanding the invisible, yet the inevitable connection

    Treatment challenges in managing Gastroparesis related to PPI Use: Analyzing scope of Probiotics

    Treatment challenges in managing Gastroparesis related to PPI Use: Analyzing scope of Probiotics

    Review: Efficacy of Antiviral Agents Against  Omicron Subvariant BA.2

    Review: Efficacy of Antiviral Agents Against Omicron Subvariant BA.2

    Choice of Antibiotics in Common Infections: Doxycycline or Azithromycin?

    Choice of Antibiotics in Common Infections: Doxycycline or Azithromycin?

    Role of acyclovir in Management of chickenpox: Analyzing the importance of starting early

    Role of acyclovir in Management of chickenpox: Analyzing the importance of starting early

    View All

    Journal Club Today

    Genes to predict arthritis treatment response – Pave the way for future drug development

    Genes to predict arthritis treatment response – Pave the way for future drug development

    View All

    Health News Today

    Health Bulletin 24/May/2022

    Health Bulletin 24/May/2022

    View All
    © 2019 All Rights Reserved.
    Powered By: Hocalwire
    We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok
    X
    X