Appeals Court Bars Andrx From Using "Altotocor" Brand Name

Law360, New York (May 28, 2004, 12:00 AM EDT) -- A federal appeals court has ordered a lower court to grant Kos Pharmaceuticals’ request for an injunction against Andrx’s use of the brand name "Altocor" in order to prevent consumer confusion over two similar-sounding anti-cholesterol drugs.

In its 39-page decision in Kos Pharmaceuticals Inc. v. Andrx Corp., a unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals rejected the novel argument that an injunction was needed to prevent the "serious health risk" of a patient's receiving the wrong prescription but has nonetheless ordered the...
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