In the case between Himalaya Wellness Company and Ors. v. Vlado Sky Enterprise Private Limited, the Delhi High Court granted an interim order in favor of Himalaya Wellness Company (“Himalaya”). The trademark infringement suit was brought by Himalaya against Vlado Sky Enterprise Private Limited (“Vlado Sky”) over the latter’s use of the mark “HIMALAYAN ORGANICS,” which Himalaya claimed was deceptively similar to its well-known trademark “HIMALAYA”.
Himalaya, a leader in the herbal healthcare industry since 1930, argued that the “HIMALAYA” trademark, along with its distinctive green and orange packaging, had become synonymous with its brand, which enjoys a global presence in over 100 countries. The company sought a permanent injunction to prevent Vlado Sky from using the “HIMALAYAN ORGANICS” mark, asserting that such use amounted to trademark infringement, dilution, tarnishment, and passing off. Himalaya presented evidence of its extensive use and multiple trademark registrations and emphasized the reputation and goodwill associated with the “HIMALAYA” brand.
The court, after reviewing the evidence, including screenshots showing that products from both companies appeared side by side on various e-commerce platforms, found that the similarities between the marks would likely cause consumer confusion. The court noted that Vlado Sky did not appear to contest the suit, despite being duly served. Based on the submissions, the court determined that Himalaya had made a strong prima facie case and that the balance of convenience was in its favor. The court also recognized the potential for irreparable harm to Himalaya if an injunction was not granted.
Consequently, the court granted an interim order restraining Vlado Sky, its affiliates, and representatives from manufacturing, selling, or advertising any products under the “HIMALAYAN ORGANICS” mark or any other mark deceptively similar to “HIMALAYA.” However, the court allowed Vlado Sky to sell its existing stock under the disputed mark within three months, subject to the filing of an affidavit detailing the stock, including manufacturing dates and batch numbers. The matter was set for further hearing on December 12, 2024.
Citation: Himalaya Wellness Company & Ors. v. Vlado Sky Enterprise Private Ltd., CS(COMM) 682/2024 (Del. H.C. Aug. 13, 2024). Available on: https://indiankanoon.org/doc/143295421/
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