$~45

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 15^thDecember, 2023

+

CS(COMM) 844/2023 & I.A. 23488/2023

HIMALAYA WELLNESS COMPANY & ORS.

..... Plaintiffs

Through:

Mr.

Pravin

Anand,

Ms.

Prachi

Agarwal, Mr. Ridhie Bajaj & Ms.

Kanupriya

Chawla,

Advs.

(M:

9958045858)

versus

PRK PRODUCTIONS LLP

..... Defendant

Through:

Ms. Samapika Biswal, Ms. Nidhisha

Garg & Mr. Aman Kumar Yadav,

Advs. (M:8104694675)

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done through hybrid mode.

2.

The present suit has been filed by the Plaintiffs-Himalaya Wellness

Company and two group companies who are aggrieved by the depiction of

the mark ‘VIMALAYA’ along with various other products of the Plaintiffs

in the Kannada feature film titled ‘Aachar & Co’ (hereinafter, the film).

3.

The Plaintiffs are stated to have been involved in the manufacture and

distribution of ayurvedic medicaments since 1930. The Plaintiffs operate

under the umbrella brand Himalaya, since 1930. Over the years, the

Plaintiffs offer a diverse range of health and wellness products, cosmetics

etc., under the name ‘Himalaya’.

Digitally Signed

By:DHIRENDER KUMAR

Signing Date:18.12.202