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18 Nov 2016

Battle of Pharmaceutical Trademark: GlaxoSmithKline wins ‘GSK’ trademark battle in India

GlaxoSmithKline wins in a three-years long court battle over its trademark rights with a Hyderabad company which used the same acronym.

What is the case all about? 

  • GlaxoSmithKline using ‘GSK’ the trademark in India
  • There is a company called GSK Life Sciences Pvt Ltd, registered in India. 
  • GlaxoSmithKline noticed and filed a case against GSK Life Sciences Pvt Ltd in 2013, claiming that the Indian company’s use of the acronym amounted to infringement of its statutory rights in the mark ‘GSK’ as per Section 29(5) of Trade Marks Act of 1999. 
  • As per claim of Glaxo Smithkline, GSK Life Sciences also usinglogo that was “exactly similar” to the global drug maker’s logo, the judgment reads.

Judgement:

  • The Delhi High Court decision favoured the global drug maker, decreeing a permanent injunction that would refrain the Indian company — GSK Life Sciences Pvt Ltd — from using the name, mark or logo ‘GSK’ in its trade.
  • According to the judgment on the matter, GSK Life Sciences Pvt Ltd, is also liable to deliver all printed matter bearing the acronym ‘GSK’ — including stationery, labels and packaging boxes — to GlaxoSmithKline for destruction.
  • While the court has granted a decree in terms of most of GlaxoSmithKline’s prayers, it has rejected its plea for compensation as damages.

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