Andrx To Modify Fortamet Promotional Materials Due To Similarity With Sankyo's WelChol
This article was originally published in The Pink Sheet Daily
Executive Summary
The company has offered to make "certain changes" to the Fortamet promotional materials following notification from Sankyo of potential confusion with WelChol's trademark. Andrx says it does not know the "ultimate outcome of this matter."
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Andrx has offered to change its Fortamet (metformin extended-release) promotional materials due to similarities to Sankyo's WelChol (colesevelam) trademark. "The company has offered to make certain changes to its promotional materials" for Fortamet "but is not in a position to determine the ultimate outcome of this matter," Andrx' Nov. 3 1 10-Q states. In August 2004, Sankyo "notified Andrx that the promotional materials employed by Fortamet were confusingly similar to its registered trademark and the promotional materials employed by Sankyo's WelChol product," the 10-Q states. Both the 2 Fortamet logo and the 3 WelChol logo have a nearly identical green and blue color scheme and each has a sweeping, color changing arrow pointing to the left side of the trademarks. - John Rancourt |
