The Delhi High Court has issued an ex parte ad interim injunction against Orchid Chemicals & Pharmaceutical Ltd, restraining it from using the trade mark, Caltrol, or any other trade mark that is deceptively similar to Rocaltrol.
F Hoffman-La Roche AG, a Swiss company, is the registered proprietor of Rocaltrol, a medicine used to treat deficiency of Vitamin D.
Rocaltrol was introduced in India in 1997.
The product is packed and marketed in India by Nicholas Piramal on behalf of the Swiss company.
Rocaltrol is used extensively all over the world and the Swiss company has spent a huge amount of money to popularise the drug. Counsel for Hoffman Man Mohan Singh submitted that as a result of its intrinsic good quality, Rocaltrol had acquired a wide reputation and exclusive goodwill.
Singh submitted that the trade mark with the suffix, Caltrol, was exclusively associated with the Swiss company and had come to be recognised only as its product.
In July 2000, Hoffman noticed that Orchid was marketing pharmaceutical products and had adopted the trade mark, Caltrol, in respect of the same product prescribed for the treatment of vitamin D deficiency.
Singh alleged that by the adoption of a trade mark that was deceptively similar to Rocaltrol, both visually and phonetically, Orchid was infringing the Swiss company