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Tuesday 20 November 2012

Himalaya wins 15-year trademark battle for Liv.52 with Delhi-based SBL Ltd

The Himalaya Drug Company, one of India’s leading herbal health care companies, has won its long drawn trademark fight with homoeopathic firm, SBL Limited for its flagship brand, Liv.52. The Delhi High Court’s Division Bench verdict has ruled that SBL Ltd has infringed Himalaya’s trademark by using the name Liv-T for one of its pharma products. The original suit was filed in 1996.
“The brand Liv.52 is Himalaya’s flagship brand. It is the leading brand in the hepato-protective segment with 47 per cent of the market share. We have invested heavily in building credibility for the brand. The safety and efficacy of Liv.52 is validated by over 260 clinical trials. Taking advantage of the credibility and trust in Liv.52 by using a similar sounding name, thus leading to confusion in the minds of the doctor, is unfair and deceptive. While it has been a long and hard battle, we are extremely pleased with the verdict. The Court ruling has ensured that doctors will be able to distinguish between Liv.52 and other players in the market,” said Philipe Haydon, CEO, The Himalaya Drug Company.
“By ruling in favour of Liv.52, the High Court has set a crucial precedence. Hopefully, it will deter other companies from deriving credibility for their products by simply using another popular brand name,” he added.
Launched in 1955, Liv.52 is the market leader in the hepatoprotective medicine category. It is the only herbal medicine with a meta-analysis study. Over the years, Liv.52 has garnered considerable international acclaim. It is administered to counter the hepatotoxic effects of anti-tuberculosis medication in Russia. It is also registered as a speciality medicine in Switzerland.
Recently, Liv.52 was recognised by the Limca Book of Records as the highest selling herbal medicine in India.
The mark Liv.52 was coined and adopted by The Himalaya Drug Company in 1955  after an extensive research for a hepatoprotective pharmaceutical preparation for Liver Disorder. The company further secured registration for “Liv.52 in the year 1957. The Court was able to appreciate the fact that the mark Liv.52 is distinctive and customers purchase the product by asking for “Liv.52 which is being used for the last more than 57 years.

Source:Pharmabiz

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