Delhi HC Rejects Sun Pharma Lab Plea In ‘Letroz’ Trademark Case

MUMBAI : The Delhi High Court has rejected a plea by Sun Pharmaceutical Laboratories Ltd wherein it claimed that Hetero Healthcare Ltd has infringed on its trademark ‘Letroz’, a generic drug for second line treatment of advanced breast cancer.

A bench led by Justice Amit Mahajan said “Sun, in the present case, cannot be allowed to monopolize the INN ‘Letrozole’. The mark, ‘Letroz’, is not similar to the trademark ‘Letero’ merely because both the parties have adopted the initial letters (Sun adopted the first six and Hetero adopted the first three) of the INN ‘Letrozole’”.

Essentially, International Nonproprietary Names (INN) facilitate the identification of pharmaceutical substances or active pharmaceutical ingredients. Each INN is a unique name that is globally recognized and is public property.

Earlier, Sun had filed a suit before a commercial court, alleging infringement of its ‘Letroz’ trademark and passing off and seeking a decree of permanent injunction restraining Hetero from using the trademark ‘Letero’ for the drug.

The commercial court, however, rejected it in April this year.

In its petition, Sun claimed to be one of the world’s top generic pharma companies. It said that it secured registration of the trademark ‘Letroz’ in October 2010 under Class 5.

Sun further claimed that due to the trademark registration, it has a statutory right to exclusively use ‘Letroz’ and is entitled to restrain Hetero from using its trademark.

According to Sun, the product’s outstanding quality and high performance are what caused a surge in sales of ₹8.34 crores in the 2016–17 fiscal year. Additionally, it stated that it spent a significant amount of money promoting Letroz.

Reference: Sun Pharmaceutical Laboratories Ltd vs Hetero Healthcare Ltd & Anr., Delhi High Court, FAO (COMM) 96/2022, CM Appl. 29651-29653/2022, D/j 26.8.2022 

  • Related Posts

    Alembic Pharma Secures USFDA Approval for Generic Synthroid Tablets

    New Delhi: Alembic Pharmaceuticals has received final approval from the United States Food and Drug Administration (USFDA) for its Abbreviated New Drug Application (ANDA) for Levothyroxine Sodium Tablets USP in…

    STF busts fake meds racket spread across 6 states

    Dehradun: Uttarakhand special task force (STF) on Friday busted an online fake medicine racket operating through a Facebook page that allegedly sold counterfeit drugs, including cancer medicines, at discounts of…

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    You Missed

    Alembic Pharma Secures USFDA Approval for Generic Synthroid Tablets

    Alembic Pharma Secures USFDA Approval for Generic Synthroid Tablets

    STF busts fake meds racket spread across 6 states

    STF busts fake meds racket spread across 6 states

    All the Way from Teeth to Tee: Hole in One

    All the Way from Teeth to Tee: Hole in One

    Zydus Lifesciences Q4FY26 net profit rises 9%

    Zydus Lifesciences Q4FY26 net profit rises 9%

    Chemists strike on May 20: Reasons behind today’s all-India strike

    Chemists strike on May 20: Reasons behind today’s all-India strike

    AbbVie loses patent plea for Hep C drug

    AbbVie loses patent plea for Hep C drug