The Delhi High Court has issued a temporary injunction against Greenland Trading Company, a Delhi-based supplier of ayurvedic supplements, barring them from manufacturing, selling, or advertising products under the mark “HIMALAYA” or similar variants. The court found that Greenland Trading’s branding was deceptively close to the registered marks of Himalaya Wellness Company, a well-established company that has used the “HIMALAYA” mark since 1930. Himalaya Wellness Company has a strong reputation and goodwill associated with its marks, which are protected through multiple trademark and copyright registrations.
The court’s decision was made after Himalaya Wellness Company discovered that Greenland Trading was selling products under an identical “HIMALAYA” mark with a similar green trade dress. Despite issuing a cease-and-desist notice, Greenland Trading did not respond, leading Himalaya Wellness Company to seek legal action. The court noted that allowing Greenland Trading to continue using the mark would dilute the distinctiveness of Himalaya Wellness’ marks and cause irreparable harm, particularly in the health and wellness sector where consumer confusion can have serious consequences.
The court’s injunction will remain in force until March 12, 2026, when the matter will be heard again. The court has restrained Greenland Trading and all associated persons from using the “HIMALAYA” mark or any deceptively similar name or mark. The case highlights the importance of protecting intellectual property rights and preventing consumer confusion in the market. Himalaya Wellness Company was represented by advocates Pravin Anand, Prachi Agarwal, and Manan Mondal in the case.
The court’s decision is significant as it recognizes the potential harm that can be caused by consumer confusion in the health and wellness sector. The use of a similar mark by Greenland Trading could have led to consumers mistakenly purchasing products that are not genuine Himalaya Wellness products, which could have serious consequences for their health. The court’s injunction will help to protect consumers and prevent such confusion.
The case also underscores the importance of trademark protection and the need for companies to take swift action to protect their intellectual property rights. Himalaya Wellness Company’s prompt action in seeking legal recourse has helped to prevent further damage to its reputation and goodwill. The outcome of the case will be closely watched, and it is likely to have implications for the health and wellness industry as a whole.