Delhi High Court affirms injunction against Glenmark Pharma, Medical News, ET HealthWorld

In a recent development, the Delhi High Court has upheld its previous order restraining generic drug maker Glenmark Pharmaceuticals from manufacturing, selling, or advertising its asthma drug under the mark Indamet, or any similar mark to Sun Pharma Laboratories’ registered mark for its anti-diabetes drug “Istamet XR CP”. The Division Bench comprising justices Yashwant Varma and Dharmesh Sharma dismissed Glenmark’s appeal and vacated the previous order that had kept the injunction in abeyance.

The court stated that the single judge was justified in identifying the dominant feature of the two competing marks as INDAMET and ISTAMET, regardless of the suffixes ‘XR’ and ‘CP’. The judgement emphasized the importance of considering deceptive similarity in the case of drugs meant for chronic ailments, citing the market availability timelines of Istamet and Indamet.

Sun Pharma Laboratories and Glenmark are engaged in a legal battle over the use of drug names Istamet and Indamet, respectively. Sun Pharma alleges that Indamet is deceptively similar and confusing to Istamet. While Istamet is a Schedule ‘G’ drug sold in various forms, including tablets, Glenmark’s Indamet is a Schedule ‘H’ drug used for asthma treatment.

Glenmark argued for the distinguishability of the drugs under Indamet and Istamet XR CP, citing differences in ailments treated, packaging, and method of administration. However, Sun Pharma contended that Indamet was confusingly similar to Istamet, leading to potential infringement and erosion of its distinctiveness. Sun Pharma raised concerns about potential confusion among consumers and the adverse impact of such misrepresentation in the market.