{"id":146688,"date":"2025-12-09T12:38:56","date_gmt":"2025-12-09T07:08:56","guid":{"rendered":"https:\/\/www.bananaip.com\/intellepedia\/?p=146688"},"modified":"2025-12-09T12:38:56","modified_gmt":"2025-12-09T07:08:56","slug":"himalaya-trademark-infringement-delhi-hc-injunction-case-analysis","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/himalaya-trademark-infringement-delhi-hc-injunction-case-analysis\/","title":{"rendered":"Himalaya Trademark Infringement: Delhi HC Grants Injunction"},"content":{"rendered":"
Facts \/ Background<\/span><\/b>\u00a0<\/span><\/h5>\n

The Plaintiffs, Himalaya Wellness Company,\u00a0are\u00a0a\u00a0long-standing manufacturer and distributor of ayurvedic, pharmaceutical, wellness and personal care products, since the 1930s.\u00a0They\u00a0claimed\u00a0extensive and continuous use of the trademark HIMALAYA and related marks,\u00a0logos\u00a0and trade dress, across India and\u00a0other countries.\u00a0The HIMALAYA-branded\u00a0products are sold through retail stores, chemists, online platforms, and Himalaya-exclusive stores. The Plaintiffs\u00a0also\u00a0own several\u00a0registrations for\u00a0the HIMALAYA\u00a0trademarks in Classes 3\u00a0and 5, among others.\u00a0<\/span>\u00a0<\/span><\/p>\n

In June 2025, the Plaintiffs\u00a0discovered that the Defendant, Greenland Trading Company, was selling ayurvedic and wellness products using the marks \u2018HIMALAYA\u2019, \u2018HIMALAYA EVEREST\u2019,\u00a0\u2018EVEREST\u2019, and other deceptively similar variants.\u00a0Plaintiffs\u00a0engaged an investigator, who found\u00a0invoices bearing the name \u201cGREENELAND HIMALAYA MEHASHSHRINGI\u201d and confirmed that the Defendant\u2019s\u00a0proprietor\u00a0was\u00a0using \u2018HIMALAYA\u2019 as a trade name for her ayurvedic business.\u00a0She\u00a0operated\u00a0an informal business from her home,\u00a0procuring\u00a0and repackaging third-party products\u00a0for online sales.\u00a0<\/span>\u00a0<\/span><\/p>\n

Plaintiffs\u00a0submitted that\u00a0the\u00a0HIMALAYA mark had gained\u00a0nationwide reputation and secondary meaning, and the Defendant\u2019s adoption of an identical mark was intended to ride on this goodwill and deceive consumers.\u00a0The Plaintiffs\u00a0also\u00a0alleged that the Defendant\u2019s products were identical or\u00a0similar\u00a0and that the marks adopted were visually, phonetically, and structurally similar, causing confusion, deception, and dilution of their well-known HIMALAYA trademark.<\/span>\u00a0<\/span><\/p>\n

Issues Analyzed by the Court<\/span><\/h5>\n
    \n
  1. \n
      \n
    1. Whether the Plaintiffs\u00a0made out a\u00a0<\/span>prima facie case<\/span><\/i>\u00a0of trademark infringement and passing off based on statutory and common-law rights over the HIMALAYA marks.<\/span>\u00a0<\/span><\/li>\n
    2. Whether the Defendant\u2019s use of marks such as \u2018HIMALAYA\u2019,\u00a0\u2018HIMALAYA EVEREST\u2019,\u00a0or similar variants\u00a0constituted\u00a0deceptive similarity likely to confuse the public.<\/span>\u00a0<\/span><\/li>\n
    3. Whether interim injunction should be granted restraining the Defendant from using the impugned marks pending disposal of the suit.<\/span>\u00a0<\/span><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n
      Analysis by the Court<\/span><\/h5>\n

      The Court found overwhelming material\u00a0establishing\u00a0the Plaintiffs\u2019\u00a0long-standing use and registration of the HIMALAYA marks, which are\u00a0well-recognized across India. The Court noted that the marks\u00a0are distinctive and\u00a0have\u00a0acquired\u00a0secondary meaning,\u00a0exclusively signifying\u00a0the Plaintiffs\u2019\u00a0goods.\u00a0<\/span>\u00a0<\/span><\/p>\n

      The Defendant\u2019s marks,\u00a0\u2018HIMALAYA\u2019,\u00a0\u2018HIMALAYA EVEREST\u2019,\u00a0and similar variants,\u00a0were found to be visually, phonetically, structurally, and deceptively\u00a0similar to\u00a0the Plaintiffs\u2019\u00a0marks. This similarity would\u00a0likely mislead\u00a0an ordinary consumer into believing the goods originated from the Plaintiffs.<\/span>\u00a0<\/span><\/p>\n

      The Defendant\u2019s conduct appeared deliberate, particularly because:<\/span>\u00a0<\/span><\/p>\n