Botox maker wins trademark infringement case against rival
Allergan Incorporated, California and Delaware, USA, and Allergan Pharmaceuticals Ireland Ltd, Westport, Co Mayo, who own the trademark name Botox claimed the use of the word Botoina by a rival infringed its registered trademarks and causes confusion among consumers. Allergan also sought an order restraining the “passing off” of goods under the name Botoina or any other confusingly similar names or marks, along with damages.
It brought proceedings in the High Court’s big business division, the Commercial Court, against Ocean Healthcare of Convent Road, Blackrock, distributors of Botoina and one of a number of cosmetics produced by Swiss-registered firm Labo.