LAWS(DLH)-2023-4-47

GLAXO GROUP LIMITED Vs. MAIDEN PHARMACEUTICALS LIMITED

Decided On April 06, 2023
GLAXO GROUP LIMITED Appellant
V/S
Maiden Pharmaceuticals Limited Respondents

JUDGEMENT

(1.) The plaintiff asserts the marks BETNESOL and BETNOVATE, which stand registered under the Trade Marks Act, 1999 in its favour with effect from 21/2/1961 and 5/12/1963 respectively.

(2.) The plaintiff alleges that the defendant, by using the marks BETASON, BETNOMAID and MEDNOVATE, is infringing the aforesaid registered trademarks of the plaintiff, within the meaning of Sec. 29(2)(b) of the Trade Marks Act.

(3.) The active pharmaceutical ingredient (API) in all these five products, it may be noted is betamethasone. BETNESOL contains betamethasone alone, whereas BETASON, BETNOVATE, BETNOMAID and MEDNOVATE contain betamethasone with neomycin. Betamethasone is a corticosteroid.