The plaintiffs, ABBOTT GMBH & ORS., allege that the defendants, TCSOL BIOPHARMA & ORS., are infringing on their trademark, trade dress, and design for the pharmaceutical product 'THYRONORM.' The nature of the infringement includes:
Trademark Infringement:
The defendants are using a similar name, 'L-THYRONEU,' which the court found to be phonetically similar to the plaintiffs' registered trademark 'THYRONORM.' This similarity could lead to confusion among consumers.
Trade Dress Infringement:
The defendants are using a trade dress that is structurally similar to that of the plaintiffs, specifically the distinctive color combination of white and pink.
Design Infringement:
The defendants are using a cap design that is substantially similar to the plaintiffs' registered design, which could also cause consumer confusion.
The plaintiffs claim that the defendants' actions constitute a clear attempt to capitalize on the goodwill and reputation of the plaintiffs' well-known brand 'THYRONORM' in the pharmaceutical market.
The defendants were using a similar pink and white color combination and a similar name, 'L-THYRONEU,' which the court found to be phonetically and structurally similar to 'THYRONORM.' The court, exercising caution due to the nature of pharmaceutical products, granted an ex-parte injunction against the defendants, restraining them from using the infringing mark, trade dress, and design.
Case Citation: Abbott Gmbh Vs Tcsol Biopharma:16.07.2024 : CS(COMM) 573/2024: Delhi High Court: Saurabh Banerjee: H.J
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Ph no: 9990389539
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