Post reaching the settlement, a joint request for compromise was filed by both companies before the Madras High Court, where they had been fighting a pitched battle
Sun Pharma Laboratories, the wholly a subsidiary of Sun Pharmaceutical Industries, and Punjab-based Psyco Remedies have finally settled amicably a trademark dispute over Syzopin-an anti psychotic drug- produced and marketed by the latter.
Post reaching the settlement, a joint request for compromise was filed by both companies before the Madras High Court, where they had been fighting a pitched battle.
In terms of the memo of compromise, all disputes and differences inter se the parties have been resolved.
Accordingly, Psyco Remedies has declared that they have stopped using the trademark Syzopin or any mark similar or deceptively similar to it.
The company has given undertaking to withdraw the trademark application for the disputed trademark.
Psyco Remedies has also given undertaking not to file any future applications for registration of the trademark Sizopin- the trademark used by Sun Pharma.
Sun Pharma Laboratories claims to be the registered proprietor of the mark Sizopin. According to Sun Pharma, the trademark Sizopin was adopted by them in 1995, in respect of pharmaceutical preparations for treatment of depression and schizophrenia.
Sun Pharma moved the Madras Hugh court with a suit against Psyco Remedies, alleging infringement of its Sizopin mark and prayed permanent injunction on the Syzopin mark of the latter. They also, meanwhile, sought interim injunction on the product, pending the disposal of the suit.
The court, however, had granted an interim injunction restraining Psyco Remedies from marketing Syzopin drug, against which it filed an application seeking removal of the injunction.
However, later the court lifted the injunction in the final order. Psyco Remedies had also filed a rectification application for removal of Sizopin mark, and also filed for seeking registration of their Syzopin mark.
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