Sun Pharmaceutical Industries Ltd. and Sun Pharma Laboratories Ltd. recently achieved a significant legal victory as the Delhi High Court barred Janricsan Pharma P Ltd and associated entities from using the trademarks ‘BERIVITAL’, ‘BEZOLIC’, and ‘DOZE-30’. This ruling came after Sun Pharma filed a lawsuit citing trademark infringement, passing off, unfair competition, rendition of accounts, and delivery up. The plaintiffs, renowned pharmaceutical companies operating in numerous countries, offer a diverse range of products under trademarks such as ‘SUN’, ‘SUN PHARMA’, ‘REVITAL’, ‘DAZOLIC’, and ‘DUOZ’.
Sun Pharma’s proactive approach in protecting its intellectual property rights led to the discovery of deceptive similarities between the defendants’ marks and their own well-established trademarks. The court recognized the potential confusion among consumers due to the visual, phonetic, and structural resemblances between ‘BERIVITAL’, ‘BEZOLIC’, and ‘DOZE-30’ and Sun Pharma’s ‘REVITAL’, ‘DAZOLIC’, and ‘DUOZ’. This case highlights the importance of stringent scrutiny in pharmaceutical trademark disputes and serves as a reminder of the significance of safeguarding intellectual property in the biotech industry.
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