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Ranbaxy Labs takes Wilmark to court

Pharmaceutical major Ranbaxy Laboratories Ltd, which manufactures analgesic Fortwin, has sued Punjab-based Wilmark Pharmaceuticals Pvt Ltd in the Delhi high court for producing and marketing a similar drug in the name of Fortwil.

Giving an ex parte interim injunction in favour of Ranbaxy, the court asked Wilmark Pharmaceuticals to stop manufacturing its analgesic drug Fortwil as it closely resembled Ranbaxy's drug.

"The defendants (Wilmark) are restrained from manufacturing, marketing, advertising and dealing in pharmaceutical preparations under the impugned trade mark Fortwil or any other mark identical with or deceptively similar to plaintiff's (Ranbaxy's) trade mark Fortwin, Justice A K Sikri said in a recent order.

The court also prohibited the Punjab-based company from using the carton, ampoule, the layout, colour scheme and 'get up' which are identical with or deceptively similar to that of Ranbaxy's Fortwin.

Ranbaxy's counsel H P Singh alleged that by adopting the trademark Fortwil and artistic work in respect of pharmaceutical preparations, Wilmark was cashing in on the reputation and goodwill of the plaintiff to earn easy profit.

"By adopting similar/identical trademark Fortwil and copying ampoule design and colour scheme which are the artistic work of plaintiff (Ranbaxy), the defendants (Wilmark) have committed an act of infringement of trade mark and copyright and passed off their goods as for those of plaintiffs," the petition said.

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