Smart Labs barred from using Aziwake; mark alleged to be deceptively similar to Dr Reddy’s trademark Aziwok

The Delhi High Court on Thursday in an interim order restrained Smart Laboratories from using the mark Aziwake, which is allegedly deceptively similar to Dr Reddy's Lab's registered trademark Aziwok, with or without any prefixes or suffixes, in respect of pharmaceutical preparations or for any other allied of cognate goods or services.

"Insofar as existing stock, which is yet to expire, is concerned, therefore, the defendant (Smart Laboratories) may sell the stock in the market, after, however, a priori filing an affidavit before this court, within five days, providing the batch numbers and dates of expiry of the said stock," Justice C. Hari Shankar said, adding that copies of the invoices for the sold stock sold shall also be placed on affidavit.

According to the HC, it would be unrealistic to expect that every doctor would be aware of the distinction between Aziwok and Aziwake, especially when both marks are used in regard to azithromycin. "...a consumer of average intelligence and imperfect recollection, who has once come across the plaintiff's Aziwok product and, later, comes across the defendant's Aziwake product, has every chance of being placed in a state of wonderment or confusion as to whether he has seen the mark earlier," the judge said.