New delhi, July 27: An Indian pharmaceutical firm has been restrained by the Delhi High Court from using the brand name "BTXA" and "Botox" for its medicinal preparation on an allegation by the American pharma major Allergan Inc that it was the prior user of the similar marks for drug prescribed for the treatment of neurological disorders. Allergan Inc has sued Gujarat-based Intas Pharmaceuticals for passing of its goods as those of theirs by infringing the registered trade mark "Botox" and "BTX-A".
Giving relief to the American company, Justice C K Mahajan in an ex parte interim order restrained Intas Pharmaceuticals from using the brand name "BTXA or "Botox" or any mark deceptively similar to the trade mark of Allergan Inc which amount to passing off action. Advocate Chander M Lall, appearing for Allergan Inc submitted that the company acquired possession of certain unsolicited mail sent to doctors by the Indian firm in which it claimed proprietorship of the trade mark "BTX-A" describing the product as "Chinese Botox".
The counsel alleged that by repeated communication, the pharma major asked Intas Pharmaceutical to desist from using the two trade marks or any other mark deceptively similar to theirs but the rivals denied any knowledge of the medicinal preparation under the trade mark "Botox".
Claiming that the product of Intas Pharma was not available in the market openly, Lall said they were attempting to ride upon the goodwill and reputation of Allergan Inc as "Botox" represent a major medical breakthrough. Bureau Report