Four ayurveda firms and a trust are restrained from manufacturing, selling or advertising any goods or services bearing the marks or word Patanjali. Patanjali is the registered trademark of yoga guru Ramdev’s company. On the plea by Patanjali Ayurved Ltd.,Justice Rajiv Sahai Endlaw passed the order contending four firms - Karamveer Ayurveda, Dr. Zee Biotech, Dhatri and Diwai Gramodyog Sewa Sansthan. They were alleged for manufacturing and marketing products similar to Patanjali by infringing its trademark.
Patanjali made a prima facie case and was granted an ex-parte order in its favour restraining four firms and the trust from infringing its trademark. The court also issued a notice to them seeking their replies to the plea by May 16th, on the next day of hearing.
What is trademark infringement and what happens when it gets infringed:
- Trademark infringement is the unauthorized use of a trademark or service mark on goods or services, or anything related to that specific goods and services in a manner creating or likely to create confusion, deception, or mistake about the original product.
- On infringing, a court may pass injunction to stop the defendant from using the accused trademark, or order to destroy or forfeiture of infringing articles.
- The court may also pass an order to pay monetary relief to the complainant including defendant’s profits, any damages sustained by the plaintiff, and the costs of the action
- An order that the defendant may have to pay the plaintiff’s attorney’s fees in some cases.
- Before passing the order the court is going to consider the evidence addressing various factors to determine whether it is likely to create any confusion among consumers.
To know more about your trademark rights, consult the trademark lawyers through MyAdvo, download MyAdvo App on your phone.
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