No restraint in using word ‘RESPULES’: HC

CHENNAI: In a sigh of relief for a Chennai-based private pharmaceutical company, the Madras High Court passed an interim direction that there is no restraint for the company from using the word ‘RESPULES’ in its business operations.

Justice Senthilkumar Ramamoorthy passed this interim direction on disposing of three interlocutory petitions arising out of a civil suit filed by a Mumbai-based pharmaceutical company.

The applicants sought to restrain Sun Pharmaceuticals in Nadanam, Chennai, and its partners or proprietors, servants, agents, stockists, distributors, wholesalers, retailers and printers, and all persons acting through or under its direction from using the words ‘RESPULES’, 'Budesonide Respules' and 'DOULIN Levosalbutamol Respules'.

The applicants claimed that those words are similar to their medical products trademark name called `BUDECORT RESPULES' and `DOULIN RESPULES'.

However, the judge held that since the common use of the word `RESPULES' to refer to a form of medicine (including by the applicant companies in the advertisements) used to treat respiratory conditions, for interlocutory purposes, he is not not inclined to restrain the respondent from using the word `RESPULES'.