The Delhi High Court has granted a permanent injunction in favor of Himalaya Global Holdings Ltd., restraining the use of the trademark “Liv-333” and a logo resembling the HIMALAYA mark by Rajasthan Aushdhalaya Private Limited and another entity. The court found that the defendants’ use of the “Liv-333” mark was deceptively similar to the plaintiffs’ well-known mark “Liv.52” and could cause confusion among consumers.
The plaintiffs, Himalaya Global Holdings Ltd. and another entity, are leading global herbal health and personal care organizations that have been using the “Liv.52” mark since 1955. The defendants, on the other hand, were found to have started using the “Liv-333” mark in 2024, despite receiving a cease-and-desist notice from the plaintiffs.
The court rejected the defendants’ claim of prior use, citing insufficient evidence to support their claims. The court also found that the defendants’ intention to gain an unfair advantage by creating a false association with the plaintiffs’ brand was evident. The court observed that the similarity between the marks “Liv.52” and “Liv-333” was evident in both visual and phonetic aspects, and that the defendants’ mark had no justification or originality.
The court granted a permanent injunction restraining the defendants from using the mark “Liv-333” or any deceptively similar mark. The court also directed the defendants to remove all infringing products from e-commerce platforms and other distribution channels. Additionally, the court awarded costs of ₹10,91,567 in favor of the plaintiffs and damages amounting to ₹20 Lacs, with defendant nos. 1 and 2 each liable to pay ₹10 Lacs.
The court’s decision highlights the importance of protecting well-known trademarks and the need for companies to take prompt action against infringers. The court’s observation that the defendants’ use of the “Liv-333” mark was deceptively similar to the plaintiffs’ mark “Liv.52” and could cause confusion among consumers is a significant finding. The decision also underscores the need for companies to ensure that their trademarks are distinctive and do not infringe on the rights of other companies.
In conclusion, the Delhi High Court’s decision in this case is a significant victory for Himalaya Global Holdings Ltd. and highlights the importance of protecting intellectual property rights. The court’s findings and observations provide valuable guidance for companies seeking to protect their trademarks and prevent infringement. The decision also serves as a warning to companies that engage in infringing activities, emphasizing the need for prompt action against infringers and the potential consequences of failing to do so.