DELHI HIGH COURT
PRATHIBA M.SINGH
Hamdard National Foundation (India) – Appellant
Versus
Amazon India Limited – Respondent
| Table of Content |
|---|
| 1. historical background and ownership of 'rooh afza'. (Para 2 , 3 , 4) |
| 2. grievance regarding unauthorized sales on amazon. (Para 5 , 6) |
| 3. permanent injunction against unauthorized use of trademark. (Para 9 , 10) |
| 4. decree issuance and disposal of applications. (Para 11 , 12 , 13) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present suit has been filed by Plaintiff No.1 - Hamdard National Foundation (India) and Plaintiff No.2 - Hamdard Dawakhana also trading as Hamdard Laboratories India against Defendant No.1 - Amazon Seller Services Pvt. Limited and Defendant No.2 - M/s. Golden Leaf, C/o Amazon Seller Services Pvt. Limited. The suit relates to the product and mark of the Plaintiffs `ROOH AFZA'.
3. The case of the Plaintiffs is that Plaintiff Nos.1 & 2 are engaged in the business of manufacturing and selling various Unani and Ayurvedic medicines, oils, syrups and non-alcoholic beverages. The Hamdard Group of the Plaintiffs has a history which dates back to over 100 years when well-known Unani practitioner `Hakeem Hafiz Abdul Majeed' set up a Unani clinic under the name `Hamdard Dawakhana'. Over the years, the activ

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