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Bayer HealthCare LLC Stops Trademark Infringement by Indian Pharmaceutical Company
Date:12/6/2011

SHAWNEE, Kan., Dec. 6, 2011 /PRNewswire/ -- Bayer HealthCare LLC, Animal Health Division is pleased to announce today that it reached successful settlements in its trademark infringement cases against India-based Cipla Ltd. and Vanuatu-based Archipelago Suppliers, an operator of several websites. Both companies have entered into settlements and agreed to immediately stop selling products that infringe Bayer's Advantage® and Advantix® trademarks and disgorge profits from such sales.

Bayer manufactures a number of leading pet products, including the popular flea preventatives, Advantage® II and K9 Advantix® II. Bayer recently became aware of Cipla's manufacture of an infringing product, DA Double Advantage, and of sales by various websites to U.S. consumers, in violation of Bayer's Advantage® trademark rights. The company sought a preliminary injunction to quickly block any further illegal sales into the country. 

As a result of the settlement, Cipla agreed to discontinue all use of the DA Double Advantage trademark (in the U.S. and on a global basis). Cipla will also: stop use of the trademark Advance for a companion animal product; refrain from manufacturing any product with the same formula as Bayer's patented Advantix® (Global) and K9 Advantix® II (U.S.) products during the remaining term of those patents; and disgorge its total profits from the sale of DA Double Advantage, in excess of $100,000. Cipla also paid an additional $100,000 to reimburse Bayer for attorneys' fees and agreed to recall any product remaining in the sales pipeline.

A similarly successful outcome was achieved with respect to Archipelago Suppliers, which agreed to a Consent Decree. Under the Court's order, Archipelago Suppliers, operator of several websites at issue, is prohibited from selling DA Double Advantage or any product with the same formulation as DA Double Advantage. The Consent Decree also pro
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SOURCE Bayer HealthCare LLC
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