MULTANI PHARMACEUTICALS LIMITED vs S.A. HERBAL BIOACTIVES LLP & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th February, 2025 CS(COMM) 740/2024 & I.A. 37916/2024 MULTANI PHARMACEUTICALS LIMITED .....Plaintiff Through: Mr. Pravin Anand, Mr. Ashutosh Upadhyaya & Mr. Arun Kumar Jha, Advocates. versus S.A. HERBAL BIOACTIVES LLP & ORS. .....Defendants Through: Mr. Anil Dutt, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed by the plaintiff seeking relief of permanent injunction restraining the defendants from infringing the trademarks and copyright of the plaintiff, passing off their goods as those of the plaintiff, along with other ancillary reliefs. CASE SETUP IN THE PLAINT 2. The plaintiff is a company involved in the manufacture and distribution of Ayurvedic Unani, and Herbal medicines. It is stated that the plaintiff has been selling its medicines since the establishment of its manufacturing unit by Pandit Thakur Dutta Multani Vaidya in Lahore (Undivided India). 3. The plaintiff sells a wide range of products under different categories, such as Personal Care, Healthcare, Home Care, and Ayurvedic medicines 4. In 1938, the plaintiff coined and adopted the ‘KUKA’ trademarks,