$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 682/2024 HIMALAYA WELLNESS COMPANY AND ORS .....Plaintiffs Through: Ms. Prachi Agarwal and Mr. Manan Mondal, Advocates.

versus VLADO SKY ENTERPRISE PRIVATE LIMITED .....Defendant Through: Mr. Kanishk Kumar and Ms. Deepika Pokharia, Advocates.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 08.12.2025

1. This Suit is listed for framing of Issues vide order dated 19.11.2025 passed by the learned Joint Registrar (Judicial).

2. The learned Counsel for the Parties submit that the Parties have exchanged the draft Issues with each other. Although the learned Counsel for the Parties made submissions with regard to certain additional issues, after hearing the Parties, they have agreed that the following issues for determination in the present Suit.

3. Accordingly, the following issues are framed:

i. Whether the Plaintiffs are the registered proprietors of the Trade Mark ‘HIMALAYA’ and its various formative Marks in relation to their goods? OPP ii. Whether the Defendant has infringed the Plaintiffs’ registered Trade Mark ‘HIMALAYA’ and ‘HIMALAYA’ formative Marks by

using the Marks ‘HIMALAYAN ORGANICS’ / ‘ ’ in relation to herbal, ayurvedic, pharmaceutical, wellness or any other

similar products? OPP iii. Whether the Plaintiffs are the owners of the copyright in the green and orange trade dress and packagingassociated with their Trade Mark ‘HIMALAYA’ and ‘HIMALAYA’ formative Marks? OPP iv. Whether the Defendant has infringed the Plaintiffs’ copyright in the artistic features of the Plaintiffs’ Trade Dress, including the green and orange colour combination, layout, get-up, and packaging? OPP v. WhetherthePlaintiffshaveanygoodwillinthegreenandorange Trade Dress? OPP vi. Whether the Defendant is passing off its goods as those of the Plaintiffs? OPP vii. Whether the Plaintiffs are entitled to damages, and if so, to what extent thereof? OPP viii. Whetherthe Plaintiffsare entitledto renditionof accounts? OPP ix. Whether the Plaintiffs are entitled to costs of the proceedings?

OPP x. Whether the present Suit suffers from delay and latches? OPD xi. Relief.

4. The list of witnesses shall be filed by the Plaintiffs within a period of four weeks and the Affidavit of Evidence shall be filed within a period of eight weeks from date.

5. The learned Counsel for the Plaintiffs requests for recording the evidencebeforethelearnedLocalCommissioner.ThelearnedCounselforthe Defendant seeks time to take instructions for the same.

6. List before the learned Joint Registrar (Judicial) for filing of the list of witnesses as well as the Affidavit of Evidence on 17.03.2026.

TEJAS KARIA, J DECEMBER 8, 2025/sms