‘Movicol’ takes ‘Movcol’ to Court

Wednesday, 22 July 2020 00:00 - - {{hitsCtrl.values.hits}}

Velinor AG (Velinor), a company incorporated in Switzerland, has recently instituted legal proceedings against Ceyoka Ltd., (Ceyoka), a Sri Lankan company and Genix Pharma Ltd., (Genix), a company incorporated in Pakistan in the Commercial High Court of Colombo.

According to the Plaint, the Plaintiff has instituted this action in order to prevent Ceyoka and Genix inter alia from infringing Velinor’s Registered Trademark ‘Movicol’.

According to the Plaint filed by the Plaintiff, Velinor is a Trademark owning company which is a fully owned subsidiary of Norgine BV headquartered in the Netherlands, a leading specialist pharmaceutical company having its presence through the Norgine Group in several countries including all major European markets, Australia and New Zealand. The Plaint has further set-out that the Norgine Group has been offering a wide range of pharmaceutical products in multiple specialist therapy areas including gastroenterology, hepatology, cancer and supportive care under a variety of trademarks including inter alia ‘Movicol’, ‘Movicolon’, ‘Moviprep’, ‘Pegicol’, ‘Plenvu’, ‘Giprocol’, ‘Irmolex’, ‘Nizaxid’, ‘Normacol’, ‘Pegicol’, ‘Pegitab’, ‘Quadrasa’ and ‘Ziverel’.

The Plaintiff has stated in the Plaint that Velinor is the registered owner of the Trademark ‘Movicol’ in Sri Lanka which is registered under Class 05 which includes pharmaceutical products. The Plaint has stated further that since its launch, pharmaceutical products bearing the Trademark ‘Movicol’ have been in extensive sale in approximately 30 countries and the said pharmaceutical products have been sold in Sri Lanka as well.

According to the Plaint, Velinor has instituted this action after it had discovered the circulation of pharmaceutical products bearing the Trademark ‘Movcol’, an almost identical Trademark to that of Velinor’s Trademark ‘Movicol’. The Plaintiff has set-out further that, while Ceyoka has been distributing ‘Movcol’ pharmaceutical products within Sri Lanka Genix has been exporting the said infringing products to Sri Lanka.

The Commercial High Court Judge having considered the submissions made on behalf of the Plaintiff has issued Notice of Interim Injunction and Summons. The Defendants have filed their proxy and the matter has been fixed for filing of Objections and Answer on 21 September 2020.

The Plaintiff was represented in Court by the President’s Counsel Dr. Harsha Cabral, with Nishan Premathiratne and Chamaka Ambagahawita, Attorneys-at-Law on the instructions of Messrs. Julius & Creasy, Attorneys-at-Law.