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Viagra: HC relief for Pfizer

October 19, 2004 17:50 IST

A medicine firm selling male potency drug has been restrained by the Delhi high court from using the term 'Indian Viagra' in its advertisements after the US pharmaceutical major Pfizer complained that the popularity of its drug 'Viagra' was being encashed by the lesser known company.

Pfizer had approached the court accusing Mumbai-based Ultratech India Ltd of adopting the name 'Fiagra', which was deceptively similar to its drug 'Vigara', to pass of its drug as that of the American company.

The multinational through its advocate Chander M Lall pointed out before Justice H R Malhotra that the Indian firm copied both the diamond shaped drug as well as its packaging cover.

After hearing the contention, the Judge in an ex-parte interim order, restrained the proprietor and agents of Ultratech from marketing its drug under the brand name "Fiagra" or any name deceptively similar to Viagra.

The court also directed the Mumbai-based firm not to promote its products as 'Indian Vigara' or use the word Viagra.

Lall had contended that the use of the word 'Fiagra' by the Indian firm was illegal as the American multinational had trade mark rights in the mark 'Viagra'.

Earlier in the month, the court had restrained Ultratech from using the brand name 'Sialis' a clone of another well known anti-impotency drug 'Cialis' of another pharma major Eli Lilly.

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