Defendant restrained from using "Medanta" in Ayurvedic products; suit decreed in favor of Global Health Limited for trademark infringement.
In a significant judgment, the Delhi High Court has ruled in favor of Global Health Limited in a trademark infringement case against Mr. Denish P Kalariya and others. The plaintiffs, Global Health Limited, proprietors of the trademark "MEDANTA," sought legal action against the defendants for marketing and selling ayurvedic weight management medicines under the name "Medanta Capsule."
The court, presided over by Justice Purushaindra Kumar Kaurav, issued an ex-parte ad interim injunction on November 14, 2024, restraining the defendants from using the "MEDANTA" trademark. The court found that the use of the mark by the defendants was likely to cause confusion among consumers, associating their products with those of the plaintiffs. The judgment emphasized that higher scrutiny is necessary for medicinal products due to public interest considerations.
Despite being served, the defendants failed to appear or file a written statement, leading to the closure of their rights to do so on August 29, 2025. The court noted that listing platforms like Infocom Network Private Limited and IndiaMart had complied with the injunction order, and references to the infringing product on the defendant's website were eventually corrected following court directions.
Given the lack of opposition from the defendants and full compliance with interim relief measures, the court decreed the suit in favor of Global Health Limited under Order VIII Rule 10 of the Civil Procedure Code, 1908. The judgment reinforces the protection of registered trademarks, particularly in the pharmaceutical sector, where consumer safety is paramount.
Bottom Line :
Trade mark infringement - Defendant failed to appear and file written statement despite service - Earlier ex parte injunction against use of mark "MEDANTA" in relation to ayurvedic weight management medicine had been complied with by listing platforms and defendant was directed to correct website - Since plaintiff's registered trade mark rights stood established, infringement was restrained, rights to file written statement were closed and relief remained undisputed, suit was decreed under Order VIII Rule 10 CPC in terms of prayers (a) to (c).
Statutory provision(s):
Civil Procedure Code, 1908 Order VIII Rule 10, Trade Marks Act
Global Health Limited v. Mr. Denish P Kalariya, (Delhi) : Law Finder Doc id # 2989430
