 "Allergan, Intas Pharma settle trademark dispute")
US-based Allergan Inc and Gujarat-based Intas Pharmaceuticals have entered into a settlement over usage of trademarks Botox and BTX-A.
Intas Pharma acknowledged Allergan's exclusive rights for registered marks Botox and BTX-A, while the US-based firm accepted Intas' use of the mark BTXA without hyphen.
Botox is used to treat various nerve related disorders including overactive bladder symptoms, leakage of urine (incontinence) in adults, prevent headaches in adults with chronic migraine, treat increased muscle stiffness and blepharospasm, a disorder which results in uncontrolled blinking of eyelids. The company also has a cosmetic product under the same trademark, according to the brand website.
Intas Pharma's drug BTXA is a drug to treat blepharospasm, according to the company disclosure.
The companies filed a joint compromise application with the High Court recently stating that during the pendency of the proceedings of the case, they have arrived at an out of court settlement.
As per the details of the terms and conditions of the settlement, "the defendant (Intas Pharma) has acknowledged the plaintiffs' (Allergan) exclusive rights in respect of the registered marks 'Botox' and 'BTX-A' and it has agreed not to use the said marks in isolation or collectively," said the Court order.
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"The plaintiffs have also acknowledged and accepted the defendant's use of the mark 'BTXA' without hyphen and without segregating the letters forming part of the word 'BTXA'," it added.
"The suit is decreed in terms of the settlement arrived at and recorded in the application, while leaving the parties to bear their own costs. Decree sheet be drawn accordingly," said the order issued by Justice Hima Kohli on September 9, 2015.
In response to a query, a spokesperson at Intas Pharma said, "Settlement between both parties has been filed before the Delhi High Court". An e-mail sent to an Allergan official did not elicit response.
The settlement comes after various disputes related to the trademark between the parties for more than a decade.
According to information from an earlier order of Delhi High Court, Allergan claimed that the mark Botox has been used in India continuously since 1992 and an application to register the trademark BTX-A was made by the company in June 2002. Before it applied to register this trademark, Intas secured permission from the Drug Controller of India to sell a drug under the brand name BTXA, following which the dispute started.
While Allergan filed a case against Intas for use of its trademark BTXA in India, the Delhi High Court rejected their case by observing that they are not using BTX-A in India, said the Intas Pharma spokesperson.
"Allergan had challenged the order of Delhi High Court before the Division Bench, wherein parties have amicably resolved the dispute on the terms that Intas can continue to use BTXA for its product but will not use the trademark Botox or BTX-A for its products," added the company.