Defendant Barred from Using "HAJMOLA" or Similar Marks in Trademark Dispute
The Delhi High Court has issued an interim injunction in favor of Dabur India Limited, restraining Sameer Das Shastri, proprietor of MS MDL Herbal Dhanvanatri Ayurvedic Mahamritunjay, from using the trademark "HAJMOLA" or any deceptively similar mark. The order, dated July 8, 2026, was passed by Justice Anup Jairam Bhambhani in a case concerning the infringement and passing-off of Dabur’s well-known trademark.
Dabur India Limited, a prominent player in the FMCG sector, approached the court seeking a permanent injunction against the defendant, alleging that the use of the "HAJMOLA" mark by the latter constituted trademark infringement and was likely to cause confusion among consumers.
The court, after considering the facts and circumstances of the case, granted an exemption to Dabur from attempting pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. This decision was influenced by precedents set in previous judgments, including those by the Supreme Court in the case of Yamini Manohar v. T.K.D. Keerthi and the Delhi High Court’s own ruling in Chandra Kishore Chaurasia v. R A Perfumery Works (P) Ltd.
Furthermore, the court allowed Dabur to file additional documents within 30 days, as requested in their application under Order XI Rule 1(4) of the Civil Procedure Code, 1908.
In its decision to grant the interim injunction, the court acknowledged the prima facie case established by Dabur, noting that the balance of convenience favored the plaintiff. The court emphasized that irreparable harm would likely befall Dabur if the interim relief was not granted, thus justifying the issuance of the ex-parte ad-interim injunction.
The injunction specifically restrains the defendant from using the "HAJMOLA" mark or any similar mark in relation to any goods or services, including Ayurvedic digestive tablets, which Dabur claimed could infringe upon its registered trademark rights. The court has directed compliance with the provisions of Order XXXIX Rule 3 of the CPC within seven days and scheduled further proceedings for October 5, 2026, before the Joint Registrar for the completion of pleadings.
This judgment underscores the judiciary's recognition of trademark rights and the need to protect brands from potential misuse and consumer confusion, particularly in the competitive FMCG sector.
Bottom line:-
Exemption from pre-litigation mediation granted under Section 12A of the Commercial Courts Act, 2015 considering facts, circumstances, and prior judgments. Plaintiff granted interim injunction to restrain defendant from using the trademark "HAJMOLA" or any deceptively similar mark.
Statutory provision(s): Commercial Courts Act, 2015 - Section 12A, Civil Procedure Code, 1908 - Order XI Rule 1(4), Trade Marks Act, 1999 - Sections 28, 29, Civil Procedure Code, 1908 - Order XXXIX Rules 1 & 2
Dabur India Limited v. Sameer Das Shastri, (Delhi) : Law Finder Doc id # 2942504
