Botox maker wins trademark infringement case against rival

A COMPANY whose Irish operation manufactures the worldwide supply of Botox — used widely as an anti-wrinkle agent — yesterday won its High Court case against a Dublin firm for infringing its trademark by using a similar name in one of its cosmetic products.

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.