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HIGH COURT OF DELHI
RASAYANAM ENTERPRISES – Appellant
Versus
UPAKARMA AYURVEDA PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. appeal against interim injunction order. (Para 1 , 3 , 4 , 6) |
| 2. arguments regarding packaging and trademark rights. (Para 8 , 9 , 12 , 13) |
| 3. court's observations on similarity and confusion. (Para 10 , 16 , 17 , 24) |
| 4. criteria for confusion in trademark cases. (Para 18 , 22 , 25) |
| 5. conclusion on appeal dismissal. (Para 27 , 28) |
JUDGMENT :
1. The present Appeal seeks to challenge an order of interim injunction passed by the learned Single Judge on 22.03.2024 in CS (COMM) 834/2023 titled as ‘Upakarma Ayurveda Private Limited v. Rasayanum Enterprises’ [hereinafter referred to as “the Impugned Order”].
3. The learned Single Judge by an ex-parte order dated 21.11.2023 [hereinafter referred to as “21.11.2023 Order”] allowed the Application and restrained the Appellant/Defendant in the following manner:
3.1 The impugned label marks which were injuncted in the 21.11.2023 Order are extracted below:
4. The Respondent thereafter on 09.01.2024 filed an application under Order XXXIX Rule 2A CPC, alleging that the Appellant had violated the 21.11.2023 Order, by continuing trading in the impugned restricted mark.
5.1 In addition, it was contended that the Appellant had introduced two
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