On a plea by global pharma major Pfizer, the Delhi High Court today restrained Ahmedabad-based Stallion Laboratories from manufacturing and selling cough syrup under the trade mark, 'SOREX'.
A single member bench of Justice V K Jain restrained Stallion from making SOREX, observing that it was similar to Pfizer's product COREX and may cause confusion among the customers of the global phrama major.
The High Court order came over a petition filed by Pfizer, which is a global leader in this segment through its brand 'COREX'.
Justice Jain also directed the Ahmedabad-based firm to pay Rs 1 lakh to Pfizer damages.
"Stallion Laboratories is hereby restrained from manufacturing, selling and distributing cough syrup under the name SOREX or any other name or mark deceptively similar to the registered mark COREX of Pfizer Product. They are also restrained from using the label deceptively similar to the label of the Pfizer," the court said.
"It is difficult to dispute that the SOREX is phonetically so close and similar to the word COREX that it may not be possible for an ordinary buyer of a cough expectorant to distinguish the product of the plaintiff from the product of the defendant," the court added.
Pfizer contended before the court that the product SOREX has not only a visual, structural and phonetic similarity to COREX but it has also identical get up, lay out to that of its product.
"Not only the product SOREX has a visual, structural and phonetic similarity to the Pfizer's trademark COREX, but it also has an identical get up, lay out, arrangement of words and colour scheme as that of plaintiff product COREX," Pfizer had submitted before the court.
The court rejected the contentions of the defendant, holding that they were trivial in nature.
Pfizer was founded in 1848 by Charles Pfizer. During the Second World War, Pfizer became the first company to manufacture penicillin in large volumes. COREX is being sold in India since 1964 and is registered in India since 1963.
