The interim order was passed following a petition filed by Bayer AG seeking an injunction against the Mumbai-based company and its distributor for infringement of its trademark and copyright and for passing off its goods as those belonging to Bayer.
The next date of hearing is March 14, 2003.
Counsel Man Mohan Singh appearing on behalf of Bayer submitted that the use of the trade mark Incidal in respect of pharmaceutical products by Manabay Remedies amounts to infringement of Bayers registered trademark. Manabay Remedies action is calculated to deceive the purchasing public into believing that its goods are Bayers or in some way connected to it.
Not only the trade mark was being copied, the colour scheme and pattern of the packaging material were a substantial reproduction of Bayers common drug Incidal used for treatment of cough and cold, said Mr Singh.
The drug being very common, the similar packaging material was likely to cause great damage to Bayers reputation and goodwill, said Mr Singh.
Moreover, Mr Singh alleged that Manabay had over-priced their products in clear violation of the directions of the drug controller.
Mr Singh cited the Supreme Court judgment in Cadila Health Care vs Cadila Pharmaceutical.
The apex court had observed, Keeping in view the provisions of Section 17-B of the Drugs and
Cosmetics Act, 1940 which inter alia indicates that an imitation or resemblance of another drug in a manner likely to deceive being regarded as spurious drug it is but proper that before granting permission to manufacture a drug under a brand name, the authority under the Act is satisfied that there will be no confusion and deception in the market.