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INDIA BUSINESS WORLD - November 16th December 31st 2008
INSURANCE MAJOR METLIFE WINS TRADEMARK CASE AGAINST MANKIND PHARMA
INSURANCE major MetLife has won a trademark case against Mankind Pharma preventing the drug company from selling its diabetic drugs branded as ‘Metlife’ in India. The Delhi High Court (HC) gave an interim injunction to prevent Mankind Pharma from using the word Metlife or similar word to sell its medicines, law firm LLS partner Anuradha Salhotra representing MetLife India said.
MetLife argued that selling the drug under Metlife brand was misusing the company’s goodwill and harming its brand. Mankind Pharma had moved the SC to challenge MetLife’s move, but the apex court returned the case back to Delhi HC.
The drug company then proposed that it would not use the Metlife brand if the insurance company foregoes the litigation costs and the damages claimed. The court ruling comes even as negotiations for the settlement of the case are underway.
A senior Mankind Pharma executive said that the firm has withdrawn both Metlife-500 and Metlife-1000 drugs from the domestic retail market. "Their withdrawal will not have any impact as both these were small brands. We may launch them under a new brand," said the executive requesting anonymity.
MetLife and Mankind Pharma do not compete directly. But, MetLife contended that Mankind’s use of its brand in its drugs would dilute the distinctiveness of the MetLife brand.
Privately-held Delhi-based Mankind Pharma launched Metlife brands about a year ago as part of its range of drugs used to treat lifestyle diseases. MetLife India is part of the world’s largest insurance firm Metropolitan Life Insurance. It currently ranks ninth in the highly competitive Indian insurance space, as per the data compiled by insurance regulator IRDA.
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