Delhi High Court Issues Interim Injunction Against Greenland Trading Company for Trademark Infringement

Himalaya Wellness Company Secures Legal Victory to Protect Its Trademark and Trade Dress

In a significant legal win for Himalaya Wellness Company, the Delhi High Court has granted an interim injunction against Greenland Trading Company, restraining them from using the trademark "HIMALAYA" and associated trade dress. The court found that Greenland Trading Company's use of the trademark was deceptively similar to Himalaya's well-established brand, causing potential confusion among consumers and threatening the distinctiveness and goodwill of Himalaya's products.

The case, presided over by Mr. Tejas Karia, J., involved allegations of trademark and copyright infringement as well as passing off. Himalaya Wellness Company, a long-standing player in the ayurvedic and wellness industry since 1930, argued that Greenland Trading Company's use of similar marks and trade dress was an attempt to ride on the coattails of Himalaya's established reputation.

The court agreed with Himalaya's assertions, noting that the defendant's mark and trade dress bore visual, phonetic, and structural similarities to Himalaya's, which could lead to confusion among consumers. The judgment emphasized the potential erosion of Himalaya's trademark distinctiveness and irreparable harm to its goodwill and reputation.

In addition to granting the interim injunction, the court also allowed Himalaya's applications for exemption from pre-institution mediation and extension of time to file court fees, underscoring the urgency and complexity of the case.

Himalaya's legal team, led by Mr. Pravin Anand, presented compelling evidence of the company's extensive use and promotion of the "HIMALAYA" brand across multiple product categories and markets. This evidence played a crucial role in establishing a prima facie case of infringement and passing off.

The interim injunction prohibits Greenland Trading Company and its affiliates from manufacturing, selling, advertising, or dealing in any products using the infringing marks until further orders. The court's decision highlights the importance of protecting intellectual property rights and maintaining the integrity of well-known brands in the market.

The case has been scheduled for further hearings, where the court will consider the remaining issues and the defendant's response to the allegations.

Bottom Line:

Trademark and Copyright Infringement - Interim injunction granted to restrain the defendant from using the plaintiff's trademark "HIMALAYA" and related trade dress due to deceptive similarity, causing confusion and potential erosion of distinctiveness and goodwill.

Statutory provision(s): Trade Marks Act, 1999 - Section 11(6); Copyright Act, 1957 - Section 17; Code of Civil Procedure, 1908 - Section 151, Order XI Rule 1(4), Order XXXIX Rules 1 & 2; Commercial Courts Act, 2015 - Section 12A

Himalaya Wellness Company v. Greenland Trading Company, (Delhi) : Law Finder Doc Id # 2819741