New Delhi: Pharmaceutical major SmithKline Beecham has got a major relief in the Delhi High Court, with
an Indian company restrained from manufacturing and marketing its analgesic drug containing
paracetamol by using the brand name "PARAMAX" and "PANAMAX".
The UK-based pharmaceutical major and its Indian subsidiary GlaxoSmithKline Asia Pvt Ltd had sued
Mumbai-based T & T Pharma Care for allegedly adopting its two brand names and a "Swirl" device
illegally to promote the pharmaceutical preparation used for treatment of migraines.
Justice Manmohan Sarin in an ex-parte order said, "Plaintiffs (SmithKline) has prima facie made out a
good case for grant of an ad-interim injunction.
"The defendants (T & T Pharma Care), its agents and representatives, are restrained from
manufacturing, exporting, selling and directly or indirectly dealing in pharmaceutical preparations under
the trademark PARAMAX and PANAMAX or any mark, which may be identical with or deceptively similar
to SmithKline's mark," the court said.
The Court also barred the Mumbai-based pharmaceutical company from using the double line "Swirl"
device in any form.
Senior advocate Rajiv Nayar and Pravin Anand, appearing for the multinational, had alleged that the
Mumbai-based company had infringed the copyright of GlaxoSmithKline by using the Swirl device.
They submitted that GlaxoSmithKline, the subsidiary of pharmaceutical major had created the distinctive
device in 1996 that has been in use for manufacturing and marketing "Crocin" tablets and syrup in India
for past several years.
PTI