Ipca labs wins trademark case against Anrose Pharma

MUMBAI: In a major relief to Ipca Laboratories, the court has ordered Anrose Pharma not to use words ‘Zerovolp’ or ‘Zerovol’ which are identical to Mumbai-based pharmaceutical firm’s popular painkiller drug “Zerodol” .

Last month, Mumbai-based Ipca Laboratories had approached the Bombay High Country against Anrose Pharma, when it came across a similar drug that was being sold under deceptively similar mark “ZEROVOLP”.

“The impugned mark is structurally, phonetically and visually identical and/or deceptively similar to the plaintiff ’s (Ipca Laboratories) registered trademark ‘ZERODOL’ ,” the company told the Bombay High Court and argued that, “the defendants (Anrose Pharma) are using mark only with a view to trade upon and/ or cash in, on the goodwill and reputation of the registered mark.”

Ipca Laboratories accused Anrose Pharma of ‘passing-off’ , which in IPR law means making a false representation that is likely to force a person to believe that the goods or services are those of another. “The outcome of this case will have larger and significant impact.

Trademark Infringement and Passing Off, particularly in the pharma sector is viewed seriously by the Courts,” said Advait Sethna, an advocate and counsel specialising in IP Laws. “Such deceptively similarly marks not injure the reputation, goodwill of the complainant but also causes confusion in the mind of the purchaser, which may result in grave prejudice to the innocent consumer of medicines and thereby the people at large, ” Sethna said.

After hearing the arguments , Justice SJ Kathawala directed Anrose Pharma not to use word ‘Zerovolp’ or ‘Zerovol’ by any manner and ordered that, “Pending the hearing and final disposal of the suit, defendants by themselves ... are restrained by a temporary order of injunction of this Court from in any manner using in relation to any pharmaceutical and medicinal preparations .” The order was made ex-parte as Anrose Pharma was not represented in the court.