HIMALAYA GLOBAL HOLDINGS LTD & ANR. vs MS AB ALLCARE HERBAL & ORS.

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7th April, 2026 + CS(COMM) 675/2024, I.As. 36095/2024, 36097/2024, 46038/2024, 3084/2025 HIMALAYA GLOBAL HOLDINGS LTD & ANR......Plaintiffs Through: Mr. Vishal Nagpal, Mr. Debjyoti Sarkar and Mr. Bal Krishan Singh, Advocates. versus MS AB ALLCARE HERBAL & ORS. .....Defendants Through: Mr. Abhimanyu Yadav and Mr. Prannoy Dey, Advocates for D5. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This suit is instituted by the Plaintiffs inter alia for a decree of permanent injunction restraining the Defendants and all others acting on their behalf from selling, manufacturing, distributing, advertising, exporting, offering for sale or in any other manner dealing with goods/ packaging bearing infringing mark Liv-40 and/or any other mark identical/deceptively similar to Plaintiffs’ registered Liv.52 trademarks resulting in infringement. 2. On 09.08.2024, by an ex parte ad interim order, Court restrained the Defendants from selling, distributing, advertising etc., products bearing infringing mark Liv-40 and/or any other mark deceptively similar to Signature Not Verified Digitally Signed CS(COMM) 675/2024 Page 1 of 8 By:KAMAL KUMAR Signing Date:14.04.2026 17:46:57 Plaintiffs’ registered Liv.52 trademarks and the trade dress/packaging related thereto, so as to amount to infringement and/or passing off. Defendants were also restrained from manufacturing, selling, distributing etc., their products using HIMALAYA trademark/logo and the trade dress/packaging associated therewith, more particularly, the color combination of green, orange and white, so as to resulting in passing off albeit Defendants were permitted to carry on their business without using the impugned trademarks and/or trade dre