HC restrains pharma firm from using trademark deceptively similar to Glaxo's Augmentin drug

The Delhi High Court has restrained a pharma company from advertising or marketing a drug which is deceptively similar to Glaxo Group's 'Augmentin', an antibiotic used to treat bacterial infections.

The court, in an interim order, asked Anglo-French Drugs and Industries Ltd (AFDIL) not to use or deal in any goods with the same trade dress or packaging which is deceptively similar to Glaxo's packaging or any other deceptively variant.

The antibiotic is effective against susceptible bacteria causing infections of the middle ear, tonsillitis, throat infections, bronchitis, sinusitis, and pneumonia.

The court's order came on a plea by Glaxo Group Ltd which sought to restrain AFDIL from advertising, marketing or in any manner doing business under the mark 'Anglomentin' / 'Anglomentin Duo' or any other mark which is deceptively similar to the plaintiff's trademark 'Augmentin' / 'Augmentin Duo'.

Justice Jayant Nath said Glaxo has made out a prima facie case and balance of convenience is also in its favour.

"Accordingly, the defendants (AFDIL) are restrained from manufacturing, advertising, selling/marketing or in any manner doing business under the mark Anglomentin/ Anglomentin Duo or any other mark which is deceptively similar to the plaintiff's trademark Augmentin/ Augmentin Duo," the court said.

It also issued notice to AFDIL on the suit and listed the matter for further hearing on August 14.

Glaxo, in its suit, also sought to restrain AFDIL from selling or dealing with products and services in packaging which is deceptively similar to its green and white product packaging, trade dress and colour combination thus, amounting to passing off the products of the defendants as those of the plaintiff.

It said it got to know about the defendant's products in June 2019 and the drugs of both Glaxo and AFDIL are being used for same diseases and have same active ingredients.

The court noted that the trademark being used by AFDIL is deceptively similar to that of Glaxo. It noted that the plaintiff has adopted trademark Augmentin since 1967 whereas the defendant has started using the trademark on or around in 2019.