In the case of Himalaya Global Holdings Ltd. & Anr. v. M/S AB Allcare Herbal & Ors., the plaintiffs, Himalaya Global Holdings Ltd. (“Himalaya”), filed a suit before the Delhi High Court, seeking a permanent injunction to restrain the defendants (“AB Allcare”) from infringing their trademarks and copyrights, specifically concerning the trademark “Liv.52” and the “HIMALAYA” logo. Himalaya contended that the defendant’s use of the mark “Liv-40,” along with similar trade dress and logos, was deceptively similar to their registered marks and constituted infringement, passing off, and unfair competition.
Himalaya argued that they had been using the “Liv.52” trademark since 1955 and had acquired significant goodwill over the years. They further claimed that the defendants’ product packaging, which incorporated similar green, orange, and white color combinations and leaf designs, was visually identical to their own products. Himalaya also emphasized that the defendants’ actions were likely to confuse consumers, leading to damage to their brand reputation.
The image below shows Himalaya’s goods under the Liv. 52 Trademark and the goods of the Defendant.
The court found that Himalaya was able to establish a prima facie case, as the defendants’ marks and packaging were indeed deceptively similar to those of the plaintiffs. The court proceeded to issue an ex parte interim injunction, restraining the defendants from manufacturing, selling, or advertising products under the “Liv-40” name or using any trade dress similar to that of the plaintiffs’ “Liv.52” or “HIMALAYA” logos. The court also appointed local commissioners to inspect the defendants’ premises, seize infringing products, and document evidence of any violations.
Citation: Himalaya Global Holdings Ltd. & Anr. v. M/S AB Allcare Herbal & Ors., CS(COMM) 675/2024 (Delhi High Court, Aug. 9, 2024). Available on https://indiankanoon.org/doc/180659794/
Authored by Gaurav Mishra, BananaIP Counsels
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