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Sanofi-Aventis Tries to Muzzle Web Newsletter

Developer of New Diet Drug Claims Trademark Infringement

May 3, 2005
Sanofi-Aventis, developer of the much touted diet drug Acomplia, claims an independent Web newsletter, the Acomplia Report, is infringing its trademark. The newsletter's publisher says it's his independent reporting that's really getting under Sanofi's skin.

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In emails to Milton R. Benjamin, chief executive of Medical Week News, Inc., publisher of the Acomplia Report, Sanofi-Aventis has claimed that use of the name Acomplia Report "is definitely confusing" to readers insofar as "Acomplia and Rimonabant are clearly associated to Sanofi-Aventis Group."

The Sanofi-Aventis legal department in Paris has demanded that Medical Week News, Inc., agree to the "transfer of AcompliaReport to Sanofi-Aventis" by May 6th. Otherwise, it said it will "lodge a legal action" to take over the independent news site, a move that Banjamin says would "deny hundreds of thousands of obese and overweight individuals this unbiased source of news about the drug and efforts to bring it to market."

Benjamin, in responding to Sanofi-Aventis, said it would be difficult to see how Acomplia Report could be mistaken for an official Sanofi-Aventis publication since the top of each and every page of the Acomplia Report has always contained the subhead: "Your independent source of news and reviews about the new diet drug Acomplia (rimonabant)."

He also pointed out that each and every page of the Acomplia Report has always contained the disclaimer: "This is an independent news site reporting on rimonabant, a diet drug developed by Sanofi-Synthelabo Inc., which plans to market it under the trademarked name Acomplia. Nothing on this site is intended to infringe on that trademark."

"I do not think it is any coincidence that Sanofi-Aventis is trying to shut down independent coverage of Acomplia just as they are about to submit the drug to the U.S. Food and Drug Administration and European regulators for marketing approval," Benjamin said.

"During the past year, when they were presenting results from their clinical trials, they were more than happy to have the Acomplia Report help build excitement about the way rimonabant seemed to help many participants lose weight and curb smoking.

"Sanofi-Aventis made company executives and consultants available at medical meetings to assist the Acomplia Report, and notified us of impending news. They sure weren't voicing any specious trademark concerns then.

"So why, suddenly, are they trying to curb the flow of independent news about Acomplia? Well, they are about to seek FDA approval to sell the drug, and these discussions are expected to focus on poissible side effects. It would appear that Sanofi-Aventis is anxious to shut down the leading source of independent news about Acomplia," Benjamin said.

"We are simply amazed that Sanofi-Aventis has such little respect for Freedom of Speech and Freedom of the Press that it believes it can gain by trying to shut down a legitimate news site," said Benjamin, a former editor of The Washington Post and Newsweek.

"We have absolutely no intention of being intimidated by these demands from Sanofi-Aventis and intend to do everything in our power to continue bringing all the relevant news about Acomplia to people anxious for a new diet aid -- but equally interested in knowing about all the issues that come up during the regulatory approval process," Benjamin added.

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