Context: Recently, the Delhi High Court, in the case of Hamdard National Foundation (India) vs Sadar Laboratories Pvt. Ltd., restrained Sadar Laboratories from manufacturing and selling beverages under the impugned trademark ‘Dil Afza’.
- A Division Bench of the Delhi High Court restrained the respondent (Sadar Laboratories Pvt. Ltd.) from manufacturing and selling any product under the trademark ‘Dil Afza’ till the final disposal of the trademark infringement suit.
- The court held that “it is not difficult to conceive that a person who looks at the label of ‘Dil Afza’ may recall the label of ‘Rooh Afza’ as the word ‘Afza’ is common and the meaning of the words ‘Rooh’ and ‘Dil’, when translated in English, are commonly used in conjunction.
About Trade mark:
- Trademark refers to graphical representation of goods or services to make it distinguishable from others.
- It can be words, symbols, sound, colours, shape of goods, graphics representation or packaging etc.
- It protects owner against unfair competition, prevents damage to reputation of owner and consumer welfare.
- In India, trademarks are governed under Trademarks Act, 1999 ( it deals with precise nature of rights one can acquire in respect of trademarks), under aegis of Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce.
- The implementing body is Controller General of Patents, Designs and Trademarks.
About the dispute:
- The manufacturers of ‘Rooh Afza’ moved an appeal against the rejection of its application seeking an interim injunction against Sadar Laboratories Pvt. Ltd. for their product ‘Dil Afza’.
- The appellant stated before the court that the trademark ‘Rooh Afza’ is a highly reputed mark in the market with regard to sharbat (sweet beverage).
- Furthermore, it was claimed that the design of the product ‘Dil Afza’ is deceptively similar to the getup and trade dress of the appellant’s product.
Source: The Hindu