Q&a European Union Law 2013-2014 by Cuthbert Michael;

Author:Cuthbert, Michael; [Mike Cuthbert]
Language: eng
Format: epub
ISBN: 1244592
Publisher: Taylor & Francis Group

Question 25

Empire Pharmaceuticals have been involved in the manufacture of pharmaceutical products for over 20 years and have successfully developed products that are now very popular and are among the market leaders. They have produced a new anti-aging cream which they have trade marked as Adolphene and have granted the right to sell it within the EU to a company in Sweden and another in Spain. In this way the EU market will be covered and Empire Pharmaceuticals themselves will concentrate on the very profitable markets of North America and Japan.

Unfortunately the plans of Empire Pharmaceuticals have recently been upset by Jackal Pharmaceuticals a company based in Scotland, who have started to aggressively promote their own products. They have produced their own anti-aging product under the Rejuvo label. They claim that this product is much cheaper and have produced a list of products that make claims for anti-aging, including Adolphene, and have sent these to retail outlets who sell these products. Adolphene is shown to be the most expensive anti-aging cream on the market.

A further problem for Empire Pharmaceuticals is that the Swedish company has reported that large quantities of Adolphene have been offered for sale to chemists by Amigo Supplies who purchased the Adolphene cream in Spain and Malaysia and are now offering it for sale in Sweden at a greatly discounted price.

Empire Pharmaceuticals ask for your advice as to what action they can take, if any, against Jackal Pharmaceuticals and Amigo Supplies to protect their trademark.

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