HIMALAYA GLOBAL HOLDINGS LTD & ANR. vs RAJASTHAN AUSHDHALAYA PRIVATE LIMITED & ANR.

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 433/2024 & I.A. 30284/2024, I.A. 35522/2024, I.A. 46699/2024 HIMALAYA GLOBAL HOLDINGS LTD. & ANR. .....Plaintiffs Through: Mr. Vishal Nagpal, Ms. Suhrita Majumdar and Mr. Debjyoti Sarkar, Advocates Mob: 9810228369 versus RAJASTHAN AUSHDHALAYA PRIVATE LIMITED & ANR. .....Defendants Through: Ms. Maheravish Rein, Advocate with Ms. Shamshravish Rein, Mr. Aldanish Rein and Mr. Ankush Kalra, Advocates Mob: 9899210868 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 25.02.2025 MINI PUSHKARNA, J (ORAL) I.A. 46699/2024 (Application under Order VIII Rule 10 read with Section 151 CPC) 1. The present suit has been filed seeking permanent injunction restraining infringement of plaintiffs‟ trademarks and logo, „Liv.52‟ and Signature Not Verified Digitally Signed By:AMAN UNIYAL CS(COMM) 433/2024 Page 1 of 26 Signing Date:13.03.2025 21:23:46 „ ‟ against defendants‟ use of the infringing marks, „Liv-333‟ and „ ‟, along with other incidental reliefs. 2. The present application under Order VIII Rule 10, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), has been filed on behalf of the plaintiffs, seeking pronouncement of judgment against the defendants pursuant to closure of the defendants‟ right to file written statement. 3. The case set up by the plaintiffs, is as follows: 3.1 The plaintiffs are a leading global herbal health and personal care organization founded in the year 1930 that deals in several well-known products and brands like Liv.52 under their reputed trademark HIMALAYA. 3.2 The fanciful HIMALAYA logo, was conceived, developed and adopted by the plaintiffs in the year 2001. The plaintiffs are the registered proprietors of the HIMALAYA trademarks and logos, the details o