Aspen wins round two in trade mark battle, forcing rival Adcock to stay off shelves during appeal
Pretoria High Court, 18 August 2025
The pharmaceutical industry's latest trade mark war escalated yesterday, 18 August 2025 as Aspen Pharmacare successfully convinced the Pretoria High Court to keep competitor Adcock Ingram's LENBUCOD product banned from the market—even while Adcock appeals the original ruling.
The BUCOD Wars Continue
Two of South Africa's biggest pharmaceutical companies are locked in a legal battle over confusingly similar drug names. Aspen, which owns the registered MYBUCOD trade mark, first won an interdict in May forcing Adcock to pull its LENBUCOD product from shelves and destroy existing stock.
But Adcock wasn't going down without a fight. The company immediately filed for leave to appeal—a move that would normally have suspended the ban and allowed LENBUCOD back on the market while the appeal process played out.
Court blocks comeback attempt
Yesterday's ruling blocks that comeback. In a significant win for Aspen, the court granted an order under section 18(3) of the Superior Courts Act, keeping the interdict alive during what could be a lengthy appeal process.
The court found three critical factors tipped the scales in Aspen's favour:
Exceptional circumstances: With appeals potentially dragging on for years, allowing continued trade mark infringement would gut the protection that registration is supposed to provide.
Irreparable harm to Aspen: Every day LENBUCOD stays on the market chips away at MYBUCOD's commercial value and exclusivity—damage that can't be undone with money.
Limited harm to Adcock: While painful, Adcock can return to market if it wins its appeal, and Aspen has offered financial compensation for any losses in the meantime.
Why the ruling matters
The ruling emphasises that trade mark rights kick in the moment a trade mark is registered, not when it becomes famous. As the court emphasised, "the right to protection of a registered trade mark is not dependent on the extent of its commercial use or reputation."
This sends a clear message to companies considering similar branding strategies—proximity to existing trade marks comes with serious legal risks, regardless of how established the original brand might be.
For Aspen, it's a strategic victory that protects its market position during what could be a protracted legal fight.
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