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Allergan, Inc. Wins $1.5 Million BOTOX-R- Trademark Infringement and Unfair Competition Case against Mira Life Group, Inc.


Business Editors/Legal Writers/Health/Medical Writers

IRVINE, Calif.--(BUSINESS WIRE)--June 15, 2004

Allergan, Inc. (NYSE NYSE

See: New York Stock Exchange
:AGN AGN Again (Amateur Radio)
AGN Active Galactic Nucleus
AGN Acute Glomerulonephritis
AGN Accountants Global Network
AGN Air Gabon (ICAO code) 
), the makers of BOTOX(R) (botulinum toxin type A botulinum toxin type A

Botox, Botox Cosmetic, Dysport (UK), Vistabel (UK)

Pharmacologic class: Neurotoxin

Therapeutic class: Neuromuscular blocker

Pregnancy risk category C

Action

) and BOTOX(R) Cosmetic, announced today that the company has been awarded a $1.5 million judgment against Mira Life Group, Inc., by the United States District Court United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
 in Santa Ana Santa Ana, city, El Salvador
Santa Ana (sän'tä ä`nä), city (1993 pop. 129,873), W El Salvador. It is the second largest city in the country and the commercial and processing center for a sugarcane, coffee, and cattle region.
. The Court ruled that Mira Life engaged in unfair competition and intentionally infringed the BOTOX(R) trademark by marketing a cosmetic anti-wrinkle cream it called MiraBotex. The Court, adopting a conservative estimate of the profits made by Mira Life from its sale of the infringed product, awarded three times that amount plus attorney's fees, costs and permanent injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.  preventing Mira Life from marketing any product with a name confusingly similar confusingly similar adj. in the law of trade marks, when a trade mark, logo or business name is so close to that of a pre-existing trade mark, logo or name that the public might mis-identify the new one with the old trade mark, logo or name.  to BOTOX(R).

"This ruling is a victory for Allergan and it sends a strong message to other companies that seek to profit from illegally using the BOTOX(R) trademark," said Douglas S. Ingram, Executive Vice President, General Counsel and Secretary of Allergan, Inc. "BOTOX(R) has been rigorously studied for a wide range of serious neurological disorders This is a list of major and frequently observed neurological disorders (e.g. Alzheimer's disease), symptoms (e.g.back pain), signs (e.g. aphasia) and syndromes (e.g. Aicardi syndrome).  as well as for cosmetic use, and its safety and efficacy have been explored in clinical trials and extensive clinical practice involving millions of patients in over 70 countries. We will aggressively defend the BOTOX(R) trademark and will not allow other companies to intentionally mislead the public about the safety or effectiveness of their products by trading on the exceptional reputation of our product."

Allergan's complaint alleged that Mira Life of Los Angeles, California, intentionally sought to confuse consumers by giving its product, a cosmetic cream the company claimed to reduce the appearance of wrinkles on the face, a name confusingly similar to BOTOX(R). Allergan initially reached a settlement agreement with Mira Life requiring it to immediately stop manufacturing packaging, labels or other materials with the MiraBotex name. Mira Life continued to sell the product in violation of this agreement which led Allergan to file a lawsuit claiming intentional infringement of its registered BOTOX(R) trademark in the United States District Court in Santa Ana. In entering a default judgment against Mira Life, the Court held that Mira Life's acts constituted willful infringement of the BOTOX(R) mark and unfair competition under Federal and California law.

About Allergan, Inc.

Allergan, Inc., with headquarters in Irvine, California, is a technology-driven, global health care company providing specialty pharmaceutical products worldwide. Allergan develops and commercializes products in the ophthalmology, neuromodulator, dermatology and other specialty markets that deliver value to our customers, satisfy unmet medical needs, and improve patients' lives.

Forward-Looking Statements

This press release contains "forward-looking statements", including the statements by Mr. Ingram and statements regarding BOTOX(R) and BOTOX(R) Cosmetic. These statements are based on current expectations of future events. If underlying assumptions prove inaccurate or unknown risks or uncertainties materialize, actual results could vary materially from Allergan's expectations and projections. Risks and uncertainties include, among other things, general industry and pharmaceutical market conditions; general domestic and international economic conditions; risks inherent in the research and development process; technological advances and patents attained by competitors; risks associated with the regulatory approval process; challenges inherent in product marketing; and domestic and foreign health care reforms. Additional information concerning these and other risk factors can be found in press releases issued by Allergan as well as Allergan's public periodic filings with the Securities and Exchange Commission, including the discussion under the heading "Certain Factors and Trends Affecting Allergan and its Businesses" in Allergan's 2003 Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
 and Allergan's Form 10-Q Form 10-Q

See 10-Q.
 for the quarter ended March 26, 2004. Copies of Allergan's press releases and additional information about Allergan are available on the World Wide Web at www.allergan.com or you can contact the Allergan Investor Relations Investor relations

The process by which the corporation communicates with its investors.
 Department by calling 714-246-4636.
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Publication:Business Wire
Geographic Code:1USA
Date:Jun 15, 2004
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