Patanjali Ayurved has filed a suit against Kalamprit Ayurved before the Delhi High Court alleging that it has learnt through market sources that the defendants are trading under the name and style of M/S MAHARISHI PATANJALI PARIVAAR with respect to similar goods/services as of the Plaintiff and that subsequently in July 2016, it also came to the knowledge of the plaintiff that, Defendant No. 2 has applied for trademark registration of MAHARISHI PATANJALI PARIVAAR.
Patanjali argued that the adoption of the impugned mark/logo ‘Patanjali’ amounts to unfair trade practice, unfair competition and dilution and that the use of the impugned trade mark and overall colour combination of the impugned trade mark/logo by the defendants is likely to cause confusion and/or deception in the minds of the consumers.
The Plaintiff relied on the Supreme Court’s landmark judgement in the case of Midas Hygiene Industries P. Ltd. & Anr. vs. Sudhir Bhatia & Ors., 2004 (28) PTC 121 (SC) wherein the SC has held that in case of infringement of trademark normally an injunction must follow and that delay is not fatal in bringing infringing action.
The Delhi High Court was of the prima facie view that the mark in question has acquired a secondary significance and has come to denote the goods of plaintiff and therefore, it is entitled to restrain others from using it so as to deceive purchasers, notwithstanding that the mark is in a name of a person.
The Court thus held that a prima facie case of infringement of trade mark and copyright is made out in favour of the plaintiff and balance of convenience is also in its favour. Further, irreparable harm or injury would be caused to the plaintiff if an interim injunction order is not passed. Consequently, till further orders, the defendants are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly the impugned goods bearing or containing the impugned mark/word PATANJALI or any other artistic work/logo identical or deceptively/confusingly similar to plaintiff’s work/logo PATANJALI.
Karamveer is a former partner of Ramdev Baba having cofounded Divya Yog Mandir Trust along with Ramdev Baba and Acarya Balkrishna. His company sells a number of consumer products from toothpaste and shampoo to juices and spices under Kalpamrit brand.
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