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

Judgment text excerpt

$~23 * 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 Signature Not Verified Digitally Signed By:DHARMENDER SINGH CS(COMM) 740/2024 Page 1 of 13 Signing Date:19.02.2025 10:50:38 under the brand name “MULTANI”. 4. In 1938, the plaintiff coined and adopted the ‘KUKA’ trademarks, and since then, the plaintiff has continuously and consistently been using the same in connection with Ayurvedic pharmaceutical products, specifically cough syrups and tablets. 5. The plaintiff has extensively and exclusively used the ‘KUKA’ trademarks and has secured registrations for the same in India. Furthermore, the plaintiff has also applied for the registration of the ‘KUKA’ trademarks in various foreign jurisdictions. Th