BackDelhi HC restrains pharma company from infringing trademark
The court restrains Alps Pharma from manufacturing, selling, trading and marketing medicinal and pharmaceutical products under the trademark Colispas
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New Delhi: The Delhi high court on Wednesday restrained Uttarakhand-based Alps Pharmaceuticals Pvt Ltd from “manufacturing, selling, trading and marketing medicinal and pharmaceutical products under the trademark Colispas or any other identical or similar mark".
This ruling came in a suit filed by Bestochem Formulations Ltd claiming trademark infringement of its product Colispas, an anticholinergic, prescribed for irritable bowel syndrome whose active pharmaceutical ingredients are mefenamic acid and dicyclomine hydrochloride. The medicine being manufactured by the defendant, Alps Pharmaceuticals, contained dicyclomine hydrochloride and paracetamol. Therefore, the two drugs had different formulations.
In its interim order passed in 2009, the court had said that “the likelihood of confusion is not only real but could possibly result in adverse reactions to those using the product, believing the defendants’ (Alps Pharmaceuticals) products to be that of the plaintiff’s".
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