Himalaya Global Holdings Ltd and another, long-time manufacturers of the renowned liver tonic "Liv.52" since 1955 with valid and subsisting trademark registrations including word mark from 1957 claiming use since 1955, distinctive green-white-orange packaging, immense reputation, goodwill, huge turnover and advertisement spend, discovered in October 2025 that Shimla Drugs Health Care Private Limited and another were selling a deceptively similar product under the mark "Liv.72" with nearly identical overall visual appearance, colour scheme, trade dress and packaging, leading to likelihood of confusion and deception in the pharmaceutical market. Plaintiffs filed suit for infringement of trademark/trade dress/copyright and passing off, seeking interim relief; despite service including via email, defendants failed to appear. Court found strong prima facie case of deceptive similarity and calculated adoption to mislead consumers, bad faith evident from rejected trademark application for "Liv.72" on proposed use basis yet continued sales, overwhelming similarities in mark, colour combination and product presentation amounting to infringement and misrepresentation, balance of convenience and irreparable injury favouring plaintiffs given nature of medicinal goods. Interim injunction granted in terms of prayers (a) to (c) of notice of motion restraining defendants from using "Liv.72" or similar marks/packaging, with liberty to defendants to apply for vacation/variation/modification, matter listed on 07 January 2026 with direction for fresh service and affidavit thereof.
- Deceptively similar marks like "Liv.52" and "Liv.72" with identical colour scheme (green, white, orange) and overall visual appearance on similar medicinal products constitute prima facie infringement and passing off warranting ex-parte interim injunction due to likelihood of confusion and deception: Himalaya Global Holdings Ltd And Anr vs Shimla Drugs Health Care Private Limited And Anr, Para (implicit from comparison and reasoning section).
- Bad faith adoption evidenced by filing and rejection of trademark application on proposed use basis followed by continued market sales justifies strong prima facie case for interim relief in pharmaceutical goods: Himalaya Global Holdings Ltd And Anr vs Shimla Drugs Health Care Private Limited And Anr, Para (implicit from rejection and continued sale finding).
Case Title: Himalaya Global Holdings Ltd Vs Shimla Drugs Health Care Private Limited:IP-COM/53/2025: High Court at Calcutta Hon'ble Justice Ravi Krishan Kapur
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
