GSK approached the high court against Elder Laboratories early this year for alleged infringement of trademark, including usage of identical product names, trademarks and packaging. GSK issued several notices to Elder before approaching the court seeking a restraining order.
The allegations of trademark infringement are related to brands like Ceftum, Cobadex and Cobadex Forte, Zentel, Zyloric, Zovirax and Zinetac. The alleged infringement of packaging relates to brands Augmentin, T-Bact, Fefol and Fefol-Z.
“Considering that the various products of the defendant are a lookalike imitation of the plaintiffs’ marks and packaging/trade dress in various products, the defendant is hereby restrained from using, manufacturing, selling, offering for sale, advertising any pharmaceutical preparations or any other packaging which is a colourable reproduction or a substantial imitation of the plaintiffs’ marks and packaging/ trade dress,” said Justice Saurabh Banerjee in his order on July 5.
“It is further directed that the defendant’s listings on its website with the infringing marks and packaging/ trade dress of the plaintiffs be also taken down within a period of 72 hours from the receipt of this order,” the judge added.
