Companies in legal dispute over trademark for Botox
Tuesday July 24 2007
A BOTOX row has hit the Irish courts. The legal tussle over ownership of the 'Botox' trademark came before the High Court yesterday .
Already proceedings have been brought in other countries on the same issue.
Mr Justice Peter Kelly admitted proceedings brought by Allergan Inc and Allergan Pharamaceutiocal Ireland, which are claiming ownership of the 'Botox' trademark and also the 'passing off' of its products, into the list of the Commercial Court, the commercial division of the High Court.
The judge was told there are proceedings relating to the "Botox" trademark underway worldwide and that it may be sought to join another company in the action.
Paul Coughlan BL, for Allergan, said he did not see how other litigation could stop his client's action here.
In the proceedings here, Allergan has sued Ocean Healthcare Ltd, Convent Road, Blackrock, Co Dublin, over selling products under the sign "Botoina" which, it claims, infringes Allergan's "Botox" trademarks.
It is also claimed the Botoina product is being marketed in a similar fashion to Botox, that it is being misrepresented that a syringe is required to administer Botoina, and that the defendant is causing confusion between the two products.
Allergan claims it is the owner of community trademark 2015832 "Botox" device, registered for pharamaecutical preparations for the treatment of several conditions, including neurological disorders, muscle dystonias, smooth muscle disorders, headaches, wrinkles and other.
Allergan claims the name and trademark "Botox" has become known as denoting a product manufactured and marketed by it and that the plaintiff companies have acquired a substantial reputation and goodwill through using it.
Mr Justice Kelly listed the case for hearing on October 8 next.
- Ann O'Loughlin
