Court restrains Ashish Kumar and associates from using deceptively similar marks, orders e-commerce platforms to take down infringing URLs.
In a significant judgment, the Delhi High Court has granted an ex parte ad interim injunction to Herbalife International, Inc., prohibiting Ashish Kumar and his associates from using marks deceptively similar to Herbalife's registered trademarks. The court's order, delivered by Justice Jyoti Singh, also mandates leading e-commerce platforms such as Amazon, Flipkart, and India MART to remove infringing URLs within 36 hours and to disclose the seller details to Herbalife.
Herbalife, a global health and wellness company, had approached the court seeking urgent relief against the use of the marks "Herbawish" and "Herbawish Nutrition" by the defendants. The plaintiff alleged that these marks, along with a three-leaf device and similar trade dress, were deceptively similar to Herbalife's registered trademarks and trade dress, leading to confusion among consumers.
The court observed that the defendants were marketing identical nutritional products using marks and packaging that closely resembled Herbalife's distinctive branding. Justice Singh highlighted that the defendants' actions appeared to be an attempt to ride on Herbalife's goodwill and reputation, thus amounting to trademark infringement and passing off.
In its order, the court restrained the defendants from using the impugned marks, the three-leaf device, and the trade dress similar to Herbalife’s branding. The court noted that the likelihood of consumer confusion was evident due to the common prefix "Herba" and the identical nature of the products and trade channels.
The judgment also took into account the potential health risks posed by inferior quality nutritional products and the resultant harm to Herbalife's image and trademark dilution. The court exempted Herbalife from pre-institution mediation, recognizing the urgency of the relief sought.
E-commerce platforms, including Amazon and Flipkart, were directed to take down specified URLs that listed the infringing products. The platforms were also ordered to provide seller details to Herbalife in a sealed cover or password-protected form within six weeks.
Herbalife's trademarks, which include the "Herbalife" word mark and several variants, have been in use since 1980 and are registered across multiple classes in India. The company has established a strong market presence with significant advertising and promotional expenditures in India.
This judgment underscores the court's commitment to protecting intellectual property rights and preventing unfair competitive practices in the market. The interim injunction serves as a crucial step in safeguarding Herbalife's trademarks and ensuring consumer protection against deceptive trade practices.
Bottom Line :
Trade Marks Act, 1999 - Infringement and passing off - Plaintiff Herbalife granted ex parte ad interim injunction against use of deceptively similar marks "Herbawish"/"Herbawish Nutrition", three-leaf device, similar trade dress/packaging and use of "Herbawish" in domain name in respect of identical nutritional products - E-commerce platforms directed to take down infringing URLs and disclose seller details - Exemption from pre-institution mediation granted in view of urgent relief.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Trade Marks Act, 1999 Section 29, Order XXXIX Rules 1 and 2 of the Civil Procedure Code (CPC).
Herbalife International, INC. v. Ashish Kumar, (Delhi) : Law Finder Doc id # 2987181
