Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation Featured image for Evecare Trademark: Himalaya’s Prior Use Prevails Over Wipro’s Class Differentiation

The Delhi High Court dismissed Wipro’s appeal, upholding an interim injunction favoring Himalaya Wellness in the ‘Evecare’ trademark dispute. The court found that Wipro’s use of the identical mark for its female hygiene product created a likelihood of confusion with Himalaya’s Ayurvedic uterine tonic, which had been in use since 1997. The decision emphasized the precedence of prior use over trademark registration in cases of passing off.

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The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court

The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court Featured image for The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court

The Delhi High Court ruled that common words like “KONDRU” and “LOBAN” in the context of ayurvedic products cannot be exclusively trademarked. This decision highlights the importance of distinctiveness in trademark registration.

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