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    • Stop use of trademark...

    Stop use of trademark deceptively similar to Glaxo antibiotic Augmentin: Delhi High Court to AFDIL

    Farhat NasimWritten by Farhat Nasim Published On 2019-06-29T11:56:00+05:30  |  Updated On 13 Aug 2021 4:58 PM IST

    The court's order came on a plea by Glaxo Group Ltd which sought to restrain AFDIL from advertising, marketing or in any manner doing business under the mark 'Anglomentin' / 'Anglomentin Duo' or any other mark which is deceptively similar to the plaintiff's trademark 'Augmentin' / 'Augmentin Duo'.


    New Delhi: The Delhi High Court has restrained a pharma company from advertising or marketing a drug which is deceptively similar to Glaxo Group's 'Augmentin', an antibiotic used to treat bacterial infections.


    The court, in an interim order, asked Anglo-French Drugs and Industries Ltd (AFDIL) not to use or deal in any goods with the same trade dress or packaging which is deceptively similar to Glaxo's packaging or any other deceptively variant.









    The antibiotic is effective against susceptible bacteria causing infections of the middle ear, tonsillitis, throat infections, bronchitis, sinusitis, and pneumonia.







    The court's order came on a plea by Glaxo Group Ltd which sought to restrain AFDIL from advertising, marketing or in any manner doing business under the mark 'Anglomentin' / 'Anglomentin Duo' or any other mark which is deceptively similar to the plaintiff's trademark 'Augmentin' / 'Augmentin Duo'.


    Also Read: GSK offers concessions to address Pfizer deal concerns

    Justice Jayant Nath said Glaxo has made out a prima facie case and balance of convenience is also in its favour.


    "Accordingly, the defendants (AFDIL) are restrained from manufacturing, advertising, selling/marketing or in any manner doing business under the mark Anglomentin/ Anglomentin Duo or any other mark which is deceptively similar to the plaintiff's trademark Augmentin/ Augmentin Duo," the court said.


    It also issued a notice to AFDIL on the suit and listed the matter for further hearing on August 14.


    Glaxo, in its suit, also sought to restrain AFDIL from selling or dealing with products and services in packaging which is deceptively similar to its green and white product packaging, trade dress and colour combination thus, amounting to passing off the products of the defendants as those of the plaintiff.


    It said it got to know about the defendant's products in June 2019 and the drugs of both Glaxo and AFDIL are being used for the same diseases and have the same active ingredients.


    The court noted that the trademark being used by AFDIL is deceptively similar to that of Glaxo. It noted that the plaintiff has adopted trademark Augmentin since 1967 whereas the defendant has started using the trademark on or around in 2019.


    Also Read: GSK to fund doctoral programs at Government established Regional Centre for Biotechnology

    AmoxicillinAnglomentin DuoantibioticsAugmentinAugmentin DuoCarbapenem antibioticsClavulanic acidDelhi high courtdrugsGlaxo Group LtdGlaxoSmithKlineGSKhealthHepatotoxinsJayant NathmanufacturingmedicinePenicillinspharmapharma newspharma news indiaPneumoniaRTTtonsils
    Source : PTI

    Disclaimer: This site is primarily intended for healthcare professionals. Any content/information on this website does not replace the advice of medical and/or health professionals and should not be construed as medical/diagnostic advice/endorsement or prescription. Use of this site is subject to our terms of use, privacy policy, advertisement policy. © 2020 Minerva Medical Treatment Pvt Ltd

    Farhat Nasim
    Farhat Nasim

      Farhat Nasim joined Medical Dialogue an Editor for the Business Section in 2017. She Covers all the updates in the Pharmaceutical field, Policy, Insurance, Business Healthcare, Medical News, Health News, Pharma News, Healthcare and Investment. She is a graduate of St.Xavier’s College Ranchi. She can be contacted at editorial@medicaldialogues.in Contact no. 011-43720751 To know about our editorial team click here

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