HC bars Interio Intl from selling Omra drug on Sun Pharma arm's plea
This story was originally published at 11:19 IST on 9 January 2025
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--HC bars Interio Intl from selling Omra drug on Sun Pharma arm's plea
NEW DELHI – Granting a permanent injunction in favour of Sun Pharma Laboratories Ltd., the Delhi High Court has barred Interio International P. Ltd. and other parties from manufacturing, selling or dealing with pharmaceutical products under the name "OMRA", which was similar to Sun Pharmaceutical Industries Ltd.'s wholly owned subsidiary's "OXRA" and "OXRAMET". Omra 5 Tablet is used alone or in combination with other medicines to treat type 2 diabetes mellitus. It helps to control the high blood sugar levels seen in diabetes.
"...this court notes that the defendants' adoption of the infringing mark cannot be considered to be bonafide or honest. The defendants knowingly infringed the plaintiff's trademarks and cannot plead ignorance of prior existence, as well as the reputation of the plaintiff's registered trademark," said Justice Mini Pushkarna. The high court asked Interio International and other parties to pay INR 450,000 as "cost" to Sun Pharma Laboratories within three months.
In 2022, Sun Pharma Laboratories had moved the high court seeking protection of the trademarks "OXRA" and "OXRAMET" used by it for pharmaceutical preparations of Dapagliflozin, which is used to treat diabetes. Sun Pharma Laboratories said that the trademarks "OXRA" and "OXRAMET" were fanciful marks, adopted by them in May, 2021, and their products had achieved sales of approximately INR 500 million and INR 400 million over the subsequent two years, respectively.
Sun Pharma Laboratories said that it came across Interio International's use of the trademark "OMRA" for the same medicinal preparation of dapagliflozin for treating the same illness of diabetes, in the same form, as tablets. The activities of the defendants were unlawful and amounted to "passing off" and "unfair competition", which was causing confusion and deception among the public and loss to the plaintiff, said Sun Pharma Laboratories.
At 1059 IST, the shares of Sun Pharmaceutical Industries Ltd. were down 1.0% at INR 1,820.10 on the National Stock Exchange. End
IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT
Reported by Surya Tripathi
Edited by Akul Nishant Akhoury
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