Sun Pharma wins trademark dispute against Cadila Healthcare

Chennai:Sun Pharmaceuticals has won its case of trademark dispute against Cadila Healthcare in the Madras High court. Sun pharma had accused Cadila Healthcare for misusing the trademark for its depressive disorder drug Veniz. As a result, a permanent injunction against Cadila was issued by the Madras High court for using marks similar to Sun Pharma’s particular trademark.

During the course of the proceedings,Sun Pharma had approached the High Court seeking permanent injunction, restraining Cadila Healthcare and related parties from manufacturing, stocking or selling pharmaceutical products under the trademark VENZ or any other trademark identical or deceptively similar to its trademark VENIZ.

Sun Pharma had informed the court that they had adopted the trademark VENIZ in August 2000 for medicines to treat depressive disorders and other psychotic disorders and Venlafaxine Extended Release capsule under the trademark VENIZ XR.

After hearing the arguments of both Sun Pharma and Cadila Healthcare on the issue, Justice M Sathyanarayanan issued an order allowing permanent injunction restraining Cadila Healthcare and Zydus Healthcare, along with all others associated with the company from infringing upon the plaintiff's registered trademark VENIZ by use of deceptively similar trademark VENZ or any mark deceptively similar to plaintiff's registered trademark VENIZ. " reported a local daily

Cadila Healthcare has been directed to pay Sun Pharma a sum of Rs 3 lakhs by the court as liquidated damages for committing acts of infringement against the latters' registered trademark so as to pass off their products as and for the plaintiff's products.

A preliminary decree in favour of Sun Pharma, directing Cadila Healthcare to render accounts of profits made by them by use of the trademark VENZ and for rendition of accounts was issued by the Madras High Court.

Sun Pharma in its course of arguments said that it has come across Cadila's trademark VENZ-OD, which contains Desvenlafaxine used to treat depressive disorders and other psychotic disorders, in 2009. It alleged that the marks involved were almost identical and deceptively similar and the goods involved identical and meant for the same disease.

Cadila Healthcare had however denied the allegations and sought to dismiss the petition. It also argued that its mark VENZ is a combination of the VEN from the active ingredient Des Venlafaxine and Z from the company's name Zydus Cadila.

The Court observed that' Sun Pharma has received Trade Mark registration from the Government of India for VENIZ-XR, D-VENIZ, while Cadila has not submitted any documents as the registraton of the mark "VENIZOD" granted in its favour. Cadila has also changed the name VENZ-OD to ZYVEN OD,' it added.