The Delhi High Court has issued a permanent injunction in favor of Himalaya Global Holdings Ltd, a company specializing in personal care and herbal health, against the unauthorized use of its “Liv.52” mark for liver care products by unaffiliated manufacturers and sellers. The court ruling noted that considering the products are medicinal, even a minimal degree of confusion could have serious consequences for public health.
Himalaya Global Holdings Ltd filed a lawsuit against Rajasthan Aushdhalaya Private Limited and its sellers, alleging that these parties infringed on their “Liv.52” mark by selling products under the “Liv-333” mark. The company discovered the infringing products on various e-commerce websites, including Amazon, Flipkart, JioMart, and IndiaMart. Despite a preliminary injunction, the defendants continued to sell infringing products, which led the court to grant a permanent injunction in favor of Himalaya.
The court emphasized that the use of the term “LIV” in both marks creates a high degree of similarity, leading to a likelihood of confusion among consumers, medical practitioners, and pharmacists. The court also observed that the defendants received undue benefits from the unauthorized use of the impugned mark and continued to sell the products despite the injunction, resulting in the imposition of costs and damages on the defendants. The court granted Rs. 10.91 lakhs to Himalaya as costs and Rs. 10 lakhs each to defendant nos. 1 and 2 as damages.
The court’s ruling highlights the importance of protecting unique and distinctive marks, particularly in the medical industry, to prevent confusion and ensure the health and well-being of consumers.