Ranbaxy Laboratories Ltd has got interim injunctions from the Delhi High Court against Amritsar-based Wilmark Pharmaceuticals Ltd and Delhi-based Systochem Laboratories Ltd with regard to its product Fortwin, an analgesic. While one is for a trademark violation, the other is for a copyright violation.
Wilmark has been known to be marketing a similar drug under the brand name Fortwil. The court has asked Wilmark to stop manufacturing its analgesic drug Fortwil as it closely resembles Ranbaxy's drug. "The defendants (Wilmark) are restrained from manufacturing, marketing, advertising and dealing in pharmaceutical preparations under the impugned trade mark Fortwil or any other mark identical with or deceptively similar to plaintiff's (Ranbaxy's) trade mark Fortwin," Justice A K Sikri said in his order.
"By adopting a similar/identical trademark Fortwil and copying ampoule design and colour scheme which are the artistic work of plaintiff (Ranbaxy), the defendants (Wilmark) have committed an act of infringement of trade mark and copyright and passed off their goods as for those of the plaintiff's," Ranbaxy's petition said.
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Ranbaxy's counsel H P Singh alleged that by adopting the trademark Fortwil and artistic work in respect of pharmaceutical preparations, Wilmark was cashing in on the reputation and goodwill of the plaintiff to earn easy profit.
The court also prohibited the Punjab-based company from using the carton, ampoule, the layout, colour scheme and 'get up' which are identical with or deceptively similar to that of Ranbaxy's Fortwin.
In another order, Justice Sikri has passed a similar injunction against city-based Systochem Laboratories. Sources at Ranbaxy said though Systochem's product did not violate the brand name, its packaging and design was the same as that of Fortwin.
Ranbaxy had moved the Delhi High Court on June 12 after being informed by its marketing department. "These are sub-standard products and the patients suffer, as a result," sources said adding: "In a recent judgment, the Supreme Court has said that sub-standard products are like poison."
Fortwin is a extensively sold analgesic of Ranbaxy. The product clocked a turnover of Rs 23.8 crore during 2000, as compared to a turnover of Rs 38 crore during 1999.
The sources said almost 20 per cent of the drugs available in the market could be spurious. Ranbaxy has been in the forefront of the war against trademark violations.