Justice Jaiteh of the High Court has delivered a landmark judgment in a long-running pharmaceutical trademark dispute, ruling in favour of the Indian manufacturer Syncom Formulations (India) Limited.
Justice Jaiteh found that Alaa Mohajer, trading as City Pharmacy, engaged in “passing off” products to deceive the Gambian public.
Justice Jaiteh ruled that the defendant’s attempt to register and sell “DICLOCI” tablets constituted a fraudulent infringement on the established rights of Syncom’s “DYCLOSA 50”. Justice Jaiteh held that the 1st Defendant deliberately packaged DICLOCI to nearly identical specifications—including colour, shape, and labelling—to create the false impression that the product originated from the plaintiff.
The case centred on allegations of trademark infringement and the fraudulent registration of the pharmaceutical product “DICLOCI”.
The Plaintiff, Syncom Formulations (India) Limited, an Indian-incorporated company and manufacturer of DYCLOSA 50 tablets, alleged that the 1st Defendant, Alaa Mohajer, attempted to fraudulently register the trademark DICLOCI at the office of the Registrar General.
Syncom claimed that DICLOCI tablets were packaged in a manner nearly identical to DYCLOSA 50, sharing the same colour, shape, size, and labelling to create a false impression of origin.
The Plaintiff informed the court of a previous judgment in India against Sangeeta Pharma (the manufacturer for City Pharmacy), which had prohibited the company from manufacturing or selling DICLOCI. It was alleged that the 1st Defendant continued registration efforts despite being aware of the Indian court’s decision.
In response, Alaa Mohajer (testifying as DW1) denied any wrongdoing, asserting that City Pharmacy is a legitimate competitor with its own established reputation. The defence argued:
The 1st Defendant further maintained that DICLOCI is completely different from DYCLOSA 50 in name, form, and packaging artwork, adding that the product was lawfully imported with the approval of the Medicines Control Agency of The Gambia.
Mohajer testified that he held a valid Power of Attorney from Sangeeta Pharma, authorising him to register brands and protect their interests in The Gambia.
The court examined a vast array of evidence, including: Exhibit P16: A certified copy of the Indian judgment against Sangeeta Pharma, Exhibit D12(a) & (b): Samples of both Dyclosa 50 and DICLOCI packets, used to compare visual similarities, PW1 testimony, Anis Chouman, Director of Kairaba Pharmaceuticals (the Plaintiff’s local agent), testified that most Gambian consumers would believe DICLOCI was connected to the Plaintiff due to the similar packaging.
In a final decision, Justice Jaiteh has ruled in favour of the Plaintiff, Syncom Formulations (India) Limited, against Alaa Mohajer (City Pharmacy) and the Registrar General.
Justice Jaiteh restrained the Registrar General (2nd Defendant) from registering the trademark “DICLOCI” on behalf of Alaa Mohajer or any of his agents without the express consent of the Plaintiff.
Justice Jaiteh granted a permanent injunction restraining Alaa Mohajer and City Pharmacy from selling or offering for sale “DICLOCI” tablets, selling any other painkiller tablets packaged to resemble the Plaintiff’s “DYCLOSA 50” products, or engaging in actions that would facilitate the “passing off” of products not manufactured or imported by the Plaintiff as being associated with them.
Justice Jaiteh further ordered the delivery up or destruction of all tablets and painkillers bearing the name “DICLOCI” or any packaging designed to imitate the Plaintiff’s “DYCLOSA 50.” Justice Jaiteh also found the Defendants liable. Justice Jaiteh awarded costs of 50,000 to the Plaintiff, to be paid by the defendants.
