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It's Viagra versus Penegra in Delhi high court

The fight for Indian market between the much sought after anti-impotence drug Viagra and its 'desi' version has spilled on to the Delhi high court, which has restrained the Indian manufacturer Cadila from using the brand name Penegra.

American multinational drug company Pfizer, which claimed to have spent millions of dollars on research and development of Viagra, approached the high court complaining that its brand name was being copied by Cadila accusing it of describing Penegra as 'Indian Viagra'.

Hearing a suit filed by the American company, Justice A K Sikri in his ex-parte interim order said: "Defendants (Cadila) are restrained from producing, manufacturing or distributing any articles of merchandise, or for any purpose whatsoever, the trade mark Viagra or any colourable imitations thereof or any mark confusingly or deceptively similar thereto."

A senior official of Cadila, when contacted in Ahmedabad, said that the company would challenge the ex-parte order against Penegra and added: "We are on good grounds to pursue the matter in the court of law."

The court also restrained Cadila from preparing the distinctive blue diamond shaped tablet or any other tablet trade dressed as confusingly similar thereto to pass off their goods for the goods of Pfizer.

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