Glaxo Wellcome UK Ltd & Anor v Sandoz Ltd & Ors [2019] EWHC 2545 (Ch) (04 October 2019)

Glaxo Wellcome UK Ltd & Anor v Sandoz Ltd & Ors [2019] EWHC 2545 (Ch) (04 October 2019)

The court found that Glaxo failed to establish that the colour purple had acquired sufficient distinctiveness as indicating trade origin in the minds of relevant healthcare professionals or patients at the relevant dates. There was no actionable misrepresentation by Sandoz or Vectura as to trade origin or...

Source-derived case information.

Citation
[2019] EWHC 2545 (Ch)
Parties
Claimant: Glaxo Wellcome UK Limited; Claimant: Glaxo Group Limited; Defendant: Sandoz Limited; Defendant: Sandoz International GmbH; Defendant: Aeropharm GmbH; Defendant: Hexal AG; Defendant: Sandoz AG; Defendant: Vectura Group PLC; Defendant: Vectura Delivery Devices Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2019
Procedural Posture
Passing Off / Intellectual Property / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Passing Off, Trade Dress, Distinctiveness, Pharmaceutical Regulation, Branding of Medicines
Intellectual Property Pharmaceutical Law Passing Off Trade Dress Distinctiveness Pharmaceutical Regulation Branding of Medicines

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Summary, issues, holding and outcome

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Parties

Glaxo Wellcome UK Limited

Claimant

Glaxo Group Limited

Claimant

Sandoz Limited

Defendant

Sandoz International GmbH

Defendant

Aeropharm GmbH

Defendant

Hexal AG

Defendant

Sandoz AG

Defendant

Vectura Group PLC

Defendant

Vectura Delivery Devices Limited

Defendant

Procedural Posture

Passing Off / Intellectual Property / High Court Trial Judgment

Legal Issues

  1. 1 Whether the use of the colour purple by Sandoz on AirFluSal Forspiro inhalers constitutes passing off as to trade origin or equivalence with Glaxo's Seretide Accuhaler.
  2. 2 Whether there is sufficient goodwill and distinctiveness in the colour purple for inhalers in the relevant market.
  3. 3 Whether there is misrepresentation to healthcare professionals or patients as to trade origin or therapeutic equivalence.

Ratio Decidendi

The court found that Glaxo failed to establish that the colour purple had acquired sufficient distinctiveness as indicating trade origin in the minds of relevant healthcare professionals or patients at the relevant dates. There was no actionable misrepresentation by Sandoz or Vectura as to trade origin or equivalence, and thus no passing off. The claim was dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim for passing off dismissed against all defendants.
  • No injunction or relief granted to claimants.