LEO Pharma wins trademark litigation with Kotra Pharma

Published: 26-Jan-2009

LEO Pharma, a Danish developer of drugs for treating psoriasis and other skin diseases, as well as thromboembolic disorders, has won its legal battle with Malaysian generic drugs manufacturer Korta Pharma after a lengthy trial.


LEO Pharma, a Danish developer of drugs for treating psoriasis and other skin diseases, as well as thromboembolic disorders, has won its legal battle with Malaysian generic drugs manufacturer Korta Pharma after a lengthy trial.

LEO Pharma, which is headquartered in Ballerup, sued Kotra Pharma for infringement of its registered trademarks Fucidin and Fucicort and for the tort of passing off.

Kotra Pharma adopted the trademarks Axcel Fusidic and Axcel Fusi-Corte for its generic versions of LEO Pharma’s creams and ointment used for the treatment of skin infection in 2000.

After failing to reach a settlement, the present suit was filed in 2001. Kotra Pharma counterclaimed for an order to cancel LEO Pharma’s registered trademarks on the grounds that they were descriptive of the ingredients used.

The court found that Kotra Pharma failed to establish its counterclaim and upheld the validity of LEO Pharma’s registered trademarks.

Kotra Pharma has received a permanent injunction from further infringing LEO Pharma’s Fucidin and Fucicort trademarks and any other ‘confusingly similar’ trademarks. The company was ordered to deliver up all infringing products in its possession within seven days from the date of judgment.

The court also ordered that damages be assessed against Kotra Pharma.

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