The Delhi High Court has granted an interim injunction to protect the trademark rights of the Himalaya Wellness Company, a leading manufacturer of ayurvedic preparations and medicaments. The company had filed a petition against Greenland Trading Company, which was found to be selling nutraceutical and wellness products under a deceptively similar mark. The court ruled that the defendant’s mark was visually, phonetically, and structurally similar to the plaintiff’s mark “HIMALAYA”, which could confuse consumers and lead to doubts about the products’ source.
The Himalaya Wellness Company had been using the mark “HIMALAYA” since 1930 and had acquired a reputation and goodwill across the world. The company argued that the defendant’s use of a similar mark would dilute the distinctiveness of their mark and erode their goodwill. The court agreed, noting that this was a case of “triple identity”, where the defendant’s mark, product category, trade channel, and consumer base were all identical to the plaintiff’s.
The court found that the plaintiff had made out a prima facie case and that the balance of convenience lay with them. The court also noted that the plaintiff would likely suffer irreparable injury if the defendant’s mark was allowed to continue, especially since the competing products related to health and wellness. Therefore, the court restrained the defendant and all persons acting on their behalf from manufacturing, selling, advertising, or dealing in any manner with products and services under marks similar to “HIMALAYA”.
The court’s order is a significant victory for the Himalaya Wellness Company, which has worked to build its brand and reputation over nearly a century. The case highlights the importance of protecting intellectual property rights, particularly in industries where consumer trust and confidence are crucial. The matter is listed for further hearing on January 20, 2026, for completion of service and pleadings.
The court’s decision is also a warning to companies that attempt to pass off their products as those of established brands. The use of deceptively similar marks can have serious consequences, including damage to the reputation and goodwill of the original brand. The Himalaya Wellness Company’s success in this case demonstrates the importance of vigilance and proactive protection of intellectual property rights in the face of potential infringement.