Case Title: Sun India Pharmacy Pvt. Ltd. vs. Hyeto Herbals Private Limited Case No.: CS(COMM) 381/2020 Date of Order: 7th May 2025 Neutral Citation: [2025:DHC:3623] Name of Court: High Court of Delhi Name of Judge: Hon'ble Mr. Justice Amit Bansal
Facts:
Sun India Pharmacy (plaintiff), a well-established manufacturer and seller of Ayurvedic and pharmaceutical products under the mark “Sun India,” alleges that Hyeto Herbals (defendant) has copied its trademark, packaging, and trade dress, leading to consumer confusion and trademark infringement. The plaintiff claims long-standing use since 2002-2004, extensive sales, and goodwill in India. The defendant was found to have used deceptively similar packaging and applied for a similar trademark after promising not to do so.
Procedural Details:
- The suit was filed seeking permanent injunction against infringement of trademarks and copyright, damages, and costs.
- An ex-parte ad interim stay/order was granted on 16th September 2020.
- Multiple attempts at mediation were made but were unsuccessful.
- The court heard the matter on 21st February 2025, with evidence recorded.
- The defendant initially stopped manufacturing but later resumed using similar branding, prompting the suit.
- On 3rd May 2023, the court made the interim injunction absolute.
- The case was finally decided on 7th May 2025.
Issue:
The key legal issues were whether the defendant's use of similar marks and trade dress constituted infringement of registered trademarks, passing off, and copyright violations, and whether damages and costs should be awarded due to the defendant's dishonest conduct.
Decision:
The court held in favor of the plaintiff, reiterating that the defendant's use of deceptively similar packaging and marks was dishonest and violated the plaintiff’s rights. The court awarded damages of Rs. 5,00,000, granted a permanent injunction restraining the defendant from infringing upon the plaintiff’s trademarks, and imposed costs and aggravated damages due to the defendant's misconduct.
