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restrains Healing Pharma from using similar to Himalaya products
The has stepped in to protect the distinctive visual identity of Himalaya's well-known herbal products, granting an against . Justice A. J. Bhambhani, presiding over the , found that the packaging and adopted by Healing Pharma for products like Liverheal , Senstone , and Braintat bore a striking resemblance to Himalaya's Liv.52 , Cystone , and Mentat ranges, creating a real risk of consumer confusion.
The packaging dispute
At the heart of the case is the claim by that Healing Pharma had slavishly copied the colour combinations, layout, and overall get-up used on its products. Himalaya argued that its —featuring a predominant green base with white and orange accents—had been in continuous use since at least 2001 for Liv.52 , which itself has been marketed since 1955. The company asserted that the visual elements had acquired and were associated exclusively with Himalaya in the minds of consumers.
The defendants’ products included Liverheal 52 (later discontinued and sold simply as Liverheal ), Senstone , Braintat , Spermax , Pilefine , and Confidance X —each mirroring the therapeutic category and the distinctive packaging style of an equivalent Himalaya product. Himalaya alleged that this was not a coincidence but a deliberate attempt to ride on its , amounting to trademark and as well as .
Court finds
Justice Bhambhani, after reviewing the rival products, observed that the visual similarities were far too close for comfort. In a key passage, the court noted:
"the name, packaging, and colour combination of the defendants’ products correspond so closely to the plaintiffs’ products that an ordinary person, of average intelligence, and imperfect recollection is likely to be misled into confusing one product for the other."
This finding formed the basis for the court's conclusion that Himalaya had made out a prima facie case. The court further held that the lay in favour of the plaintiffs and that would result if interim protection were not granted.
Injunction and path to mediation
The court restrained Healing Pharma and the other defendants from manufacturing, selling, distributing, or advertising any products bearing the disputed . The injunction covers the specific packaging styles alleged to be to Himalaya's Liv.52 , Cystone , Mentat , Speman , Pilex , and Confido lines.
During the hearing, counsel for Healing Pharma informed the court that the product Liverheal 52 had already been discontinued on , and the company was now marketing it only as Liverheal . The defence also expressed a willingness to explore an amicable resolution through mediation, a proposal that Himalaya accepted.
Consequently, the court has referred the parties to the Mediation and Conciliation Centre, directing them to appear on . The mediation must be concluded within three weeks, and the matter is next listed before the court on , pending the outcome of these talks.
Looking ahead
The ad-interim order is an interim measure and does not amount to a final verdict on the infringement and passing-off claims. However, it underscores the court's willingness to protect established from what appeared to be wholesale imitation—especially in the pharmaceutical sector, where consumer trust and product recognition are paramount. With the parties now headed to mediation, the next chapter of this branding battle may be written outside the courtroom.
