Delhi High Court grants interim relief to Sun Pharma in ‘Abzorb’ trademark case
prima facie to be a case of trademark infringement. Pharmaceutical companies such as Sun Pharma are increasingly taking legal action over trademark infringement.
In August the Delhi High Court ruled against Sun Pharma in a trademark-infringement case against Finecure Pharmaceuticals Limited concerning its anti-acidity drug Pantocid. The same month, the court ruled in favor of Sun Pharma in another case, granting it costs amounting to ₹5 lakh in a trademark-infringement suit related to its registered mark ‘Oxiplat’, which is named after one of its drug preparations.
In December 2022, the court fined Sun Pharma ₹10 lakh for concealing facts in a case against DWD Pharmaceuticals Ltd relating to the 'Forzest’ trademark. According to experts, clear and differentiated brand names are especially important in the pharmaceutical industry as similar-sounding names could put the health and safety of consumers at risk.
Pharmaceutical companies often seek to use words associated with therapeutic effects or raw materials as trademarks to enhance their marketing efforts and boost consumer awareness and intent to purchase. However, obtaining registration for such marks can be challenging.
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