Further to our post here, Judge Sue Robinson of the US District Court for the District of Delaware issued a temporary order banning Dr. Reddy’s from selling its generic version of AstraZeneca’s Nexium, after the pharmaceutical company objected to its use of the colour purple.
Judge Robinson agreed with AstraZeneca, and held that Dr. Reddy’s capsule, “although not identical to AstraZeneca’s branded capsule, does fit the description of the mark, ‘purple’.”
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