The Hindu Business Line : Coughing is no laughing matter

WITH rains come cold and cough, and "Like mom, Triaminic knows that most kids suffer from more than one symptom when they have a cold or allergy," states the site of Novartis Consumer Health, Inc, www.triaminic.com. However, this is a case where Novartis AG, a Swiss company manufacturing and selling pharmaceutical preparations, had to seek remedy from the Delhi High Court and get Wanbury Ltd stop making and selling `Coriminic' or anything similar to Triaminic and Triominic.

From the text of the judgment dated July 4 one learns that Novartis had an earlier grudge against Wanbury for the latter's `Numinic,' and also an old litigation against the former's associates.

The present case was, however, that Coriminic's label and trademark were `deceptively similar to the packaging, get up and labels' of Novartis and that they amounted to "passing off of the defendant's products as and for the plaintiff's products." To this charge, Wanbury said that Coriminic was distinct from the other product, and that Coriminic-X was sold since 2000. There was only `a brand extension' in March 2005 as Coriminic syrup, drops and tablets, said Wanbury's counsel Abhishek Manu Singhvi.

The word Coriminic derived from two words, `coryza' meaning `cold', and `minic' from `amine (pheniramine)' meaning this ingredient mimics certain functions of the central nervous system, explained Singhvi, citing MedTerms Medical Dictionary; and he added that in medical terms the drug is called sympathomimetic.

`Minic' is a common word that is `descriptive/generic/non-proprietary' on which Novartis could not claim monopoly, argued Singhvi, and listed drugs whose trademarks are duly registered such as Diominic, Dexaminic, Betaminic, Paraminic, Coldaminic, Ominic, Aminic, Numinic, Sudominic and Iominic.

ORG's report for January 2000 also was mentioned for it had given details about the two minics in question in the same page. While Novartis's syrup contained "the formulation chlor pheniramine maleate phenylephrine hydrochloride" and was suitable only for children below 12 years of age, Wanbury's syrup with "pseudoephedrine hydrochloride chlor pheniramine maleate menthol" could be used by adults too, said Singhvi.

For Novartis, it was P.V. Kapoor who said that the two words Coriminic and Triaminic were phonetically similar, "applying the test of an ordinary buyer with the usual imperfect memory, since both products were cough syrups".

There was `every likelihood of deception and confusion,' he feared; lest injury be caused to the public, balance of convenience lay in granting the injunction, he appealed, especially since Novartis had spent huge sum of money in publicity of its products.

Kapoor also pointed out to the court that both had `a white backdrop with bands in orange colour' and that the typeface used in the packaging material was identical, from a common man's point of view with `an imperfect recollection'.

Justice Pradeep Nandrajog of the Delhi High Court who heard the case said that Novartis could have no monopoly over the orange colour, and that there were many differences between the two labels.

He focussed on the main issue of phonetic similarity between the two drugs and acknowledged that `minic' is a generic word, forming part of the trade name of various drugs. "I see no phonetic similarity between CORI and TRIA or TRIO. Merely because MINIC is common to all three makes no difference. I find no phonetic similarity. The words cannot be slurred over in pronunciation... I see no likelihood of confusion or mistake if the prescriptions are telephoned to the pharmacist or are handwritten," ruled Justice Nandrajog, ruling against Novartis at the interlocutory stage.

"The art of acting consists in keeping people from coughing," said Benjamin Franklin. Likewise, the art of arguing may consist in keeping people from laughing! On the dispute on hand, though, the last word is yet to be said; or, should we say, the last cough?

ExParte@thehindu.co.in

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page

Stories in this Section
Coughing is no laughing matter

The Hindu Metroplus theatre fest from Aug 5

Handicrafts Expo

Cartoon