22
Jun/05

Novartis Enjoins Internet Sales Of Its Australian Product Into U.S.


From Debevoise press release:

Debevoise & Plimpton LLP successfully represented Novartis Animal Health US, Inc. (“Novartis USA”) in its action against LM Connelly & Sons and National Pet Supplies, Australian businesses that sell Novartis pet medicines made for the Australian market through various Internet websites. The lawsuit – 04 Civ. 10213 (BSJ) – was filed in the United States District Court for the Southern District of New York and alleged that the sale of these foreign medicines constitutes trademark infringement because the foreign medicines differ from those Novartis USA sells in the United States.

In granting Novartis USA¬ís motion for a preliminary injunction, United States District Judge Barbara S. Jones, found that “Novartis USA has shown that it has valid trademark rights and that Defendant¬ís sale of Australian medicines is likely to confuse United States consumers and therefore, Novartis USA has a likelihood of success on the merits of this case.” Judge Jones also found that, “the nature of the material differences [between the Australian and American medicines] amply demonstrates irreparable harm to Plaintiff.”

Comments are closed.