Delhi High Court Permanently Restrains Infringement of Himalaya's 'Liv.52' Trademark, Imposes Rs 30.91 Lakh in Costs and Damages

Further, the court noted that LIV is an essential feature of Himalaya's mark and that the impugned mark does not sufficiently distinguish itself from Himalaya's mark.

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The Delhi High Court in the case Himalaya Global Holdings Ltd. And Anr vs. Rajasthan Aushdhalaya Private Limited And Anr observed and has issued a permanent injunction which being in favour of the personal care and herbal health company Himalaya Global Holdings Ltd against trademark infringement of its 'Liv.52' products used for liver care by manufacturers and sellers of infringing 'Liv-333' goods.

The bench headed by Justice Mini Pushkarna in the case remarked that as the goods are medicinal products, the risk of deception among consumers, medical practitioners and pharmacists must be examined with greater caution as any confusion could have serious consequences for public health.