Sun Pharma gets relief in trademark case from High Court

Mumbai: The Bombay High Court has granted interim relief to Sun Pharmaceutical Industries in a trademark dispute with New Delhi-based United Biotech, restraining the latter from using any mark identical or deceptively similar to Sun Pharma's 'Octride'.

The dispute centres on the marks 'Octride' and 'Otide', both used for drugs derived from molecular composition Octreotide Acetate and prescribed for conditions such as acromegaly and carcinoid tumours.

Dilip Sanghvi-promoted Sun Pharma is the country's largest pharmaceutical company by sales.


Justice Sharmila Deshmukh, in an order dated May 4, said Sun Pharma had established a prima facie case for the grant of an interim injunction in a passing-off action. "The plaintiff has produced documentary material to prima facie establish the use of the registered mark 'Octride' since the year 1999, whereas the documents produced by the defendants (United Biotech) prima facie establish user since the year 2006," the court said in its 44-page order.

"The balance of convenience is in favour of the plaintiff as the deceptively similar mark is likely to cause damage to the reputation and goodwill of the plaintiff," it added.