The Sun (Pharma) sets for Cadila HealthCare on VENZ
July 26, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 6:28 am
The Madras High Court decided in favour of Sun Pharma in the Trade mark dispute between Sun Pharmaceuticals and Cadila Healthcare over the deceptive use Sun’s trade mark VENIZ.
Sun Pharma had adopted the trade mark VENIZ in August 2000, for medicines to treat depressive disorders and other psychotic disorders and Venlafaxine Extended Release capsule under the trademark VENIZ XR. In 2009, Sun Pharma came across its deceptive use by Cadila.
In defense Cadila Healthcare alleged that the trade name VENZ is coined from combination of the VEN from the active ingredient Des Venlafaxine and Z from the company’s name Zydus Cadila, though this did not convince the court.
The Court held that the use of the trade mark “VENZ” by Cadila Healthcare was deceptively similar to the trade mark ‘VENIZ’. The court while passing a permanent injunction restraining Cadila and other associated company from using deceptively similar mark ‘VENZ” said, “their distributors, stockists, servants, agents, retailers, legal representatives or any other person claiming under them from in any manner manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in medicinal and pharmaceutical preparations infringing plaintiff’s registered trademark VENIZ by use of deceptively similar trademark VENZ or any mark deceptively similar to plaintiff’s registered trademark VENIZ or in any other manner”. Cadila Healthcare has also been ordered to pay 3 lakhs as liquidated damages and to render profits made by Cadila Healthcare by using the trade mark VENZ.
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