On Thursday, 6 April 2017 the Court of Appeal upheld Flynn Pharma’s right to stop the parallel importation into the UK of Pfizer’s Epanutin anti-epileptic drug for resale as Phenytoin Sodium Flynn®. The Court said that no one other than Flynn had the right to use the name Phenytoin Sodium Flynn and confirmed Flynn’s right to enforce its trade marks to prevent the misuse of the Flynn name.
The Defendants DRUGSRUS Limited and Tenolol Limited are now the subject of an injunction which prevents them using the name Flynn and have been ordered to pay Flynn’s legal fees.
The Court confirmed that ‘Flynn is an entirely separate company from Pfizer’ and that as Flynn was responsible for the quality of the anti-epileptic, Phenytoin Sodium Flynn, it was entitled to rely on its trade mark rights to ensure that products for which it did not bear responsibility and had not put on to the market in another country, were not put on the UK market under the Flynn brand.
David Fakes (CEO, Flynn Pharma) commented ‘We are pleased that the appeal judges unanimously and clearly confirmed the findings of the original trial and that Flynn is fully entitled to protect its mark in this way.’
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Epanutin is a registered trademark of Parke Davis, and Company LLC
Flynn is a registered trademark of Flynn Pharma Limited