By Haddy Touray
The High Court of The Gambia on Wednesday ruled in favour of Indian pharmaceutical firm Syncom Formulations (India) Limited, halting the sale of a painkiller marketed by City Pharmacy.
Justice Ebrima Jaiteh found that Alaa Mohajer, operating under City Pharmacy, had engaged in “passing off” products, misleading consumers into believing the tablets were linked to Syncom’s established brand, DYCLOSA 50.
The dispute concerned the product “DICLOCI,” which Syncom alleged was deliberately packaged to resemble DYCLOSA 50, including color, shape, size, and labeling. Syncom also claimed that Mohajer attempted to register the DICLOCI trademark at the Registrar General’s office despite a prior ruling in India barring Sangeeta Pharma, the manufacturer, from producing or selling the product.
Mohajer denied any wrongdoing, asserting that DICLOCI differed from DYCLOSA 50 and had been lawfully imported with the approval of the Medicines Control Agency of The Gambia. He also presented a Power of Attorney from Sangeeta Pharma authorizing him to register trademarks locally.
The court, however, was persuaded by evidence from Syncom and its local partner, Kairaba Pharmaceuticals. Product samples were compared, and testimony indicated that Gambian consumers could be misled into associating DICLOCI with Syncom.
Justice Jaiteh’s ruling bars Mohajer and City Pharmacy from selling DICLOCI or any painkillers packaged to resemble DYCLOSA 50. The court ordered that all DICLOCI stock be delivered to Syncom or destroyed and prohibited the registration of the trademark without Syncom’s consent.
The judgment also allows Syncom to pursue an inquiry into damages or an accounting of profits to assess financial losses. Legal costs were awarded to the Indian manufacturer.
The decision is seen as a landmark in The Gambia, strengthening protections for international pharmaceutical trademarks and discouraging attempts to exploit established brand recognition through imitation.
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