The Gauteng High Court (Pretoria) has barred Adcock Ingram from selling and distributing its new painkiller, Lenbucod, finding it infringed Aspen’s Mybucod trademark rights – the latest trademark battle in an industry where companies are increasingly launching legal action to protect their territory.
Aspen took Adcock to court after the latter launched Lenbucod in January, arguing that the name was confusingly similar to Mybucod and amounted to a trademark infringement.
Business Day reports that Aspen had registered it in 2008 and has been using it for 17 years.
Adcock opposed the application, contending that Aspen’s trademark was invalid and should not have been registered, as “Bucod” was allegedly a non-distinctive, descriptive term derived from the name of the active ingredients: ibuprofen and codeine.
The court dismissed Adcock’s argument, prohibiting the company from using “Lenbucod” or any confusingly similar mark in relation to the relevant goods, saying Aspen registered its trademark in 2008 and used it for 17 years without interference or challenge.
The court also ordered the destruction of all materials bearing the infringing mark, which is likely to see Adcock haemorrhage money.
“The example tendered by the respondents is inapposite in the present case. ‘Bucod’ is an entirely contrived term, the origin or meaning of which is not readily apparent without either the specialist knowledge of a pharmacist or competitor such as the respondent,” the judgment reads.
Business Day PressReader article – Court orders ban on Adcock using painkiller’s name (Open access)
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