$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7^th April, 2026 + CS(COMM) 675/2024, I.As. 36095/2024, 36097/2024, 46038/2024, 3084/2025 HIMALAYA GLOBAL HOLDINGS LTD & ANR......Plaintiffs Through: Mr. Vishal Nagpal, Mr. Debjyoti Sarkar and Mr. Bal Krishan Singh, Advocates.

versus MS AB ALLCARE HERBAL & ORS. .....Defendants Through: Mr. Abhimanyu Yadav and Mr.

Prannoy Dey, Advocates for D5.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J. (ORAL)

1. This suit is instituted by the Plaintiffs inter alia for a decree of permanent injunction restraining the Defendants and all others acting on their behalf from selling, manufacturing, distributing, advertising, exporting, offering for sale or in any other manner dealing with goods/ packaging bearing infringing mark Liv-40 and/or any other mark identical/deceptively similar to Plaintiffs’ registered Liv.52 trademarks resulting in infringement.

2. On 09.08.2024, by an ex parte ad interim order, Court restrained the Defendants from selling, distributing, advertising etc., products bearing infringing mark Liv-40 and/or any other mark deceptively similar to Plaintiffs’ registered Liv.52 trademarks and the trade dress/packaging related thereto, so as to amount to infringement and/or passing off. Defendants were also restrained from manufacturing, selling, distributing etc., their products using HIMALAYA trademark/logo and the trade dress/packaging associated therewith, more particularly, the color combination of green, orange and white, so as to resulting in passing off albeit Defendants were permitted to carry on their business without using the impugned trademarks and/or trade dress/packaging. Interim order has continued till date.

3. Summons were served on Defendants No. 1 to 3 on 16.09.2024 and they filed written statement on 15.01.2025, which was beyond 120 days, which expired on 14.01.2025. Accordingly, the written statement was not taken on record. Right of Defendant No. 4 to file written statement was closed vide order dated 23.04.2025 and pleadings qua Defendant No. 5 are complete. None appears on behalf of Defendants No. 1-4 and as per record, there has been no appearance on their behalf continuously since 23.05.2025. Even the cost imposed on Defendants No. 1-3 has not been paid. It appears that Defendants No. 1-4 are not interested in contesting the suit and are set ex parte.

4. Learned counsel for Defendant No. 5, on instructions, submits that if Plaintiffs do not press for costs, said Defendant has no objection in suffering a decree of permanent injunction.

5. Learned counsel for the Plaintiffs, on instructions, submits that Plaintiffs shall not press their claim for costs against Defendants No. 4 and 5 but would do so against Defendants No. 1-3 and also give up the relief of rendition of account and damages against all Defendants.

6. Heard learned counsel for the Plaintiffs and counsel for Defendant No. 5.

7. Present suit is filed by the Plaintiffs for permanent injunction restraining Defendants from infringing their registered trademark Liv.52 and its variants as also its attendant trade dress/packaging and the HIMALAYA trademarks/logos in respect of identical goods i.e., capsules and syrup for liver care and healthcare goods sold by Defendants, respectively. For ready reference, registrations in respect of trademark Liv.52 and its variants in Class 05 are as follows:-

8. As stated in the plaint, the aforesaid registrations are valid and subsisting. Plaintiffs have placed on record copies of certificate as also invoices showing sales of products under trademark Liv.52 and its variants reflecting exponential increase in yearly turnover and have also demonstrated that in the year 2023-2024, the sale value was Rs. 634.73 crores. Plaintiffs have made significant investments towards promotion and advertisement of their goods bearing trademark Liv.52 and its variants through electronic and print media globally including India. The trademark has acquired imm