Factual and procedural background
Novo Nordisk A/S filed a commercial suit in the Delhi High Court against Dr Reddy’s Laboratories Limited claiming that the defendant was infringing its registered trademark OZEMPIC by using the mark OLYMVIQ on similar diabetes injection products. The suit sought a permanent injunction to restrain the defendant from manufacturing selling promoting or dealing in any goods under the OLYMVIQ mark or any deceptively similar name.
Dispute in question
The core disagreement was whether Dr Reddy’s could continue using the OLYMVIQ trademark and what should happen to the existing stock of injections already manufactured under that mark.
Reasoning and decision of court
During the hearing the parties reached a settlement which the court accepted. Dr Reddy’s gave undertakings to immediately stop all manufacture sale supply export promotion and commercial use of products under OLYMVIQ including its logo and packaging to withdraw all pending trademark applications for the mark and to switch to a new mark called OLYMRA. The court permitted Dr Reddy’s to sell its existing stock of injections within 30 days after which any remaining stock would be donated to a government hospital in the presence of Novo Nordisk’s representative. Novo Nordisk was awarded 30 per cent of the costs claimed in the bill of costs and a full refund of court fees. The suit was decreed in terms of the settlement and disposed of along with all pending applications.
Novo Nordisk Vs Dr Reddys Laboratories Limited:30.03.2026: CS(COMM) 317/2026:H.J. Justice Jyoti Singh.
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
#IPUpdate #IPCaselaw #IPCaseLaw #IPLaw #IPRNews #IPIndiaupdate #Trademark #Copyright #DesignLaw #PatentLaw #Law #Legal #IndianIPUpdate #AdvocateAjayAmitabhSuman #IPAdjutor
No comments:
Post a Comment