KUALA LUMPUR (Feb 20): Duopharma Biotech Bhd (KL:DPHARMA) has been sued by an Indian multinational pharmaceutical company over a drug trademark dispute.

The India-based pharmaceutical company, Sun Pharmaceutical Industries Ltd, filed the suit against Duopharma’s wholly owned unit Duopharma Manufacturing (Bangi) Sdn Bhd at the Kuala Lumpur High Court claiming the unit is using a registered trademark similar to its own, which may cause confusion on the part of the public.

According to a bourse filing, both parties’ trademarks are used on drugs that come in tablet form and are used to lower cholesterol levels and reduce the risk of heart disease.

However, Sun Pharmaceutical has been using its registered trademark of ‘Storvas’ for the drug, while Duopharma Manufacturing has been using its registered trademark of ‘Crystorvas’ for its drug.

In the filing, Duopharma stated that Sun Pharmaceutical claims that Duopharma Manufacturing “allegedly [infringed] the plaintiff’s (Sun Pharmaceutical) registered trademark on the grounds that the alleged offending sign (Crystorvas) is allegedly similar to the plaintiff’s registered trademark (Storvas) such that it is allegedly likely to cause confusion on the part of the public, and further, the alleged offending goods are allegedly identical with and/or similar to the plaintiff’s registered goods”.

Duopharma also stated that Sun Pharmaceutical claims that the defendant Duopharma Manufacturing has “allegedly passed off the alleged offending goods as and for the goods of the plaintiff or as being associated or connected therewith”.

In the suit, the plaintiff is seeking an injunction to restrain the defendant from using the Crystorvas trademark and allegedly passing off its drug as being related to its own or connected to Storvas.

Additionally, the Indian multinational is seeking orders for the withdrawal of Duopharma Manufacturing’s Crystorvas drug from the market and its subsequent destruction, as well as an order to invalidate the Crystorvas trademark.

No specific sum in claimed damages was disclosed in the filing, but Sun Pharmaceutical is seeking an order to enquire on damages suffered from Duopharma Manufacturing’s alleged act of trademark infringement.

Duopharma said that in the event Sun Pharmaceutical is successful in its claims, the financial and operational impact would be the potential damages, losses, and injunction sought.

“Other goods manufactured or sold by Duopharma Manufacturing that do not employ the alleged offending mark (Crystorvas) are not expected to be affected by Sun Pharmaceutical’s claims,” Duopharma said

“The defendant is seeking legal advice from its solicitors. The company and defendant firmly believe that the registration and use of the defendant's registered trademark is legitimate and, as such, the defendant will vigorously contest the plaintiff’s claims to protect its rights,” it added.

Shares in Duopharma ended five sen or 3.91% lower at RM1.23, valuing the company at RM1.18 billion.