SC upholds HC order restraining Cadila from selling 'Hb tone'

The Supreme Court today refused to vacate the Bombay High Court order, which restrained Cadila Healthcare from making and selling hemoglobin enhancing drug 'Hb Tone' for trade mark infringement, as alleged by a local manufacturer.

A vacation bench comprising justices GS Singhvi and Chandramauli Prasad said that the interim order passed by the High Court against Cadila was "well reasoned and there was no need to interfere with it".

It, however, directed the High Court to decide soon on the main suit, pending before for six years.

On April 8, the High Court had said that Cadila's 'Hb Tone' appeared to be similar to Mumbai-based Medley Pharmaceutical 'RB Tone'.

Medley had moved the court in 2005, alleging infringement of its trade mark seeking restrain on manufacturing or selling of 'Hb Tone'.

Medley Pharma, contended that it has got registration of mark 'RB Tone' and 'Arbitone' for its exclusive use and Cadila's trade mark was identical to that.

Cadila, India's fifth largest pharma firm, was restrained by a single member bench of the Bombay High Court in 2006, which directed the Ahmadabad-based firm to stop all activities of manufacturing, selling and exporting under 'Hb Tone' trade mark till the pendency of the suit.

The interim order was challenged by Cadila before a division bench, which in April upheld the order. It, then, moved the apex court, which has also denied it any relief.