Madras High Court Restrains Use of ORG-9 Trademark
The Madras High Court passed an ORG-9 Trademark Injunction Order, temporarily restraining three pharmaceutical companies from using the trademark ORG-9. Justice K. Kumaresh Babu found a prima facie case that the mark infringed the registered trademark ARG-9, owned by Chennai-based Nouveau Medicament Private Limited. The Court held that the applicant had established the requirements for interim relief under trademark law.
Dispute Over Similar Pharmaceutical Marks
Nouveau Medicament argued that it holds a valid registration for the trademark ARG-9 under the Trade Marks Act. The company alleged that Orange Biotech Private Limited, Ritual Drugs Private Limited, and Akshar Molecules Inc. marketed similar pharmaceutical products under the mark ORG-9.
According to the applicant, the two marks closely resemble each other in appearance and pronunciation. It contended that doctors, pharmacists, and consumers could easily confuse the products, creating commercial losses and potential risks to patient safety.
Court Finds Prima Facie Infringement
The High Court observed that both parties operate in the pharmaceutical sector and use alpha-numeric trademarks. The only noticeable difference lies in the letters surrounding the common numeral “9.” Therefore, the Court found that the marks appeared deceptively similar at the interim stage.
The Bench also noted that courts apply a stricter standard when comparing pharmaceutical trademarks. Even small similarities can lead to prescription or dispensing errors, making public health an important consideration in such disputes.
Interim Relief Granted
After examining the material on record, the Court concluded that Nouveau Medicament had established a prima facie case. It also found that the balance of convenience favored the applicant and that continued use of the disputed mark could cause irreparable harm.
Accordingly, the Court restrained the respondents and anyone acting on their behalf from manufacturing, selling, distributing, or dealing in products bearing the ORG-9 mark or any deceptively similar trademark until further orders.
Importance of the Ruling
The ORG-9 Trademark Injunction Order reinforces the judiciary’s strict approach to pharmaceutical trademark disputes. The decision highlights that even minor variations in alpha-numeric drug names may create consumer confusion and threaten patient safety. It also serves as a reminder that courts can grant swift interim protection to registered trademark owners while the main infringement suit remains pending.
