Dabur India Limited vs Goodluck Ayurveda Private Ltd
Facts in brief
- The present suit was filed wherein ex-parte relief was sought for permanent injunction restraining the defendant from infringing the trademarks and copyrights of the plaintiff, passing off their goods as that of the plaintiff and other reliefs.
- The plaintiff is engaged in the business of manufacturing and selling wide range of ayurvedic medicines as well as wellness/healthcare products and is the largest manufacturer for the same in India.
- The plaintiff adopted the impugned trade dress/label/packaging in respect of their cough syrup 'HONITUS' in July, 2012. The plaintiff has obtained various registrations in respect of the trade dress/labels/packaging of their cough syrup 'HONITUS'.
Contentions of Plaintiff
- The plaintiff asserts that it has acquired the copyright to a distinctive artistic work that is included on the trade dress, label, and packaging used to sell HONITUS cough syrups.
- The defendant's marketing and sales of ayurvedic cough syrups under misleadingly identical trade dress, labels, and packaging for its product "MADHU JOSHANDA" came to the plaintiff's attention in January 2023, and this amounted to an infringement of the plaintiff's trademarks and copyrights.
Rationale
- The defendant is engaged in copying the unique colors and also the placement of various identical elements of the Trade dress/label/packaging of the plaintiff’s cough syrup “HONITUS” making it deceptively similar to the Trade dress/label/packaging of the plaintiff’s cough syrup.
- All three elements of Injunction have been made out.
- The plaintiff has established a case that is strong enough to proceed, i.e., a pima facie case.
- The plaintiff prevails on the balance of convenience over the defendant.
- Not just the plaintiff would suffer irreparable harm if the defendant kept using the disputed trade dress, label, or packaging. Due to the defendant's trade dress, labelling, and packaging being falsely similar to the plaintiff's, there would also be harm to the public.
Judgment
- Ex-parte Temporary Injunction was granted.
- On the next date of hearing, the parties sought to engage in Mediation.
- The parties were referred to Delhi High Court Mediation and Conciliation Centre, the date for which is set for May 30, 2023. And the date for the matter to be listed before the Court is on August 23, 2023.