South Africa: Court Ruling May Spell End of Generic Giant's Product

Aspen registered its Andosept trademark in 2005 and launched a pharyngeal product under that name in 2008, in direct competition with the market-leading product Andolex. The Andosept product was placed on pharmacy shelves in packaging similar to that used for Andolex.

Pursuant to a complaint lodged with the Advertising Standards Authority (ASA), by the owner of the Andolex brand, the lesser-known Australian company Wirra, the ASA ordered Aspen to withdraw its packaging on the basis that it imitated the Andolex packaging. Aspen changed its packaging but continued to sell its product under the trademark Andosept, which prompted Wirra to take court action.

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