Dr Reddy's Laboratories got relief from the Delhi High Court to protect its brand Nise from being plagiarised by a company which manufactures and markets similar tablets under an identical brand name Nice. Dr Reddy's had filed a suit seeking protection to its Nimesulide BP 100mg under the trademark Nise, alleging that the Delhi-based Maiden Pharmaceuticals Ltd was manufacturing similar tablets under a deceptively identical brand name Nice to cash in on their established brand name.
Dr Reddy's argued that the Delhi-based company adopted the deceptively identical brand name with dishonest intention to misappropriate the goodwill and reputation of the pharmaceutical major.
Justice M K Sharma, in an ex-parte order, restrained the Delhi-based company from manufacturing and marketing the tablets under the brand name Nice till the next date of hearing.
Issuing notice to Maiden Pharmaceuticals, the court said, "A prima facie case is made out by Dr Reddy's Labs for the issuance of an ad interim injunction and that any delay in issuing the same may jeopardize the interest of the plaintiff." Accordingly, the court restrained Maiden Pharmaceuticals, its officers and representatives from manufacturing, selling and advertising directly or indirectly dealing in pharmaceutical preparations under the trademark Nice or any other mark which may be identical or deceptively similar to Dr Reddy's trademark Nise.
It may be recalled that in spite of the worldwide controversy over the harmful side-effects of Nimesulide tablets, Nise has almost become a household name as a pain-reliever.
Counsel for Dr Reddy's submitted that the pharmaceutical major had coined the trademark Nise and an application for its registration as trademark for medicinal preparation was pending with the Registrar of Trademarks since 1995. He said the adoption of a visually, phonetically and conceptually similar mark by the Delhi drug manufacturing firm was in violation of Dr Reddy's Labs proprietary rights as it has acquired common law rights to the exclusive use of the trademark Nise.
Stating that Maiden Pharmaceuticals was not manufacturing equally superior quality drug, Dr Reddy's Labs submitted that the adoption of deceptively identical brand by the Delhi company in respect of a similar product would lead to confusion and deception in the minds of the consumers.