The Supreme Court on Wednesday dismissed a plea
challenging the Delhi High Court order that restrained the manufacture and sale
of sweet beverage concentrate 'Sharbat Dil Afza' during the pendency of a
lawsuit by Hamdard Dawakhana which sells 'Rooh Afza' for alleged trademark
infringement.
A bench headed by Chief Justice D Y Chandrachud
refused to interfere with the high court order dated December 21, 2022.
"Rooh Afza has a well-established brand. You
were selling some kind of medicine and suddenly you start drinks with
similar-sounding names. We will not interfere. Dismissed," the bench, also
comprising Justices PS Narasimha and JB Pardiwala, said.
The high court, in its order, had restrained the
manufacture and sale of 'Dil Afza' after Hamdard Dawakhana had alleged
trademark infringement.
It had said that prima facie, 'Rooh Afza' served as
the source identifier for Hamdard for over a century and has acquired immense
goodwill and it was essential to ensure that the competitors keep a safe
distance from the mark.
The court's order came on an appeal by Hamdard
against a single judge's order refusing to pass an interim order to restrain
'Dil Afza' manufacturer Sadar Laboratories (respondent) from allegedly
indulging in trademark infringement.
The high court also noted that both the products
have the "same deep red colour and texture" and the "structure
of the bottles is not materially different" and thus opined that the
"commercial impression of the impugned trademark is deceptively similar to
the appellants' trademark".