Jiva Ayurvedic Pharmacy Limited obtained an ex-parte interim injunction from the Commercial Court restraining Anuradha Sharma and another from using their registered trademark SHATAM JEEVA on the ground of similarity with Jiva’s mark JIVA.
In appeal, the Division Bench of the Delhi High Court stayed the injunction till the next date of hearing, holding that since the appellants possess a registration for SHATAM JEEVA, no case of infringement arises.
On passing off, the marks JIVA and SHATAM JEEVA are prima facie entirely dissimilar when compared as composite device marks, the plaintiff Jiva had disclaimed the word “Jiva” in one of its registrations, and crucially, the Commercial Court failed to record any finding on accumulation of goodwill in JIVA prior to 2018 (the appellant’s date of adoption/registration) despite the law requiring sales and advertisement figures to prove goodwill existing before the defendant’s entry, rendering the grant of injunction unsustainable at the prima facie stage.
Important Law Point:
A registered trademark cannot be injuncted on the ground of infringement of another mark; only passing off remains available against a registered mark. (paras 14-15)
In a passing off action, the rival marks must be compared as composite/device marks and not merely as word marks; added features and overall visual impression are decisive. (paras 15(i)
To succeed in passing off, the plaintiff must prima facie establish goodwill in its mark prior to the date of adoption/registration of the mark by the defendant; mere sales figures post-dating the defendant’s entry are insufficient. (paras 15(iii)-(vi), citing Brihan Karan Sugar Syndicate (P) Ltd v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana (2024) 2 SCC 577 and Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. (2018) 2 SCC 1)
Absence of a clear finding on pre-existing goodwill is fatal to the grant of interim injunction in a passing off action. (paras 15(vi), 16)
Case Title: Ms Anuradha Sharma. Vs. Jiva Ayurvedic Pharmacy Limited : 01 December 2025 : FAO (COMM) 334/2025 :Del DB:: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla
[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]
