CS(OS) No.1225/2013 Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(OS) No.1225/2013

HAMDARD NATIONAL FOUNDATION & ANR ..... Plaintiffs

Through

Mr.N.K.Anand, Advocate ,

Mr.Pravin Anand, Mr.Dhruv Anand

& Mr.Achuthan Sreekumar, Advs.

Versus

HUSSAIN DALAL & ORS

..... Defendants

Through

None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (Oral)

1.

I.A.No.9923/2013 (exemption)

Exemption allowed, subject to just exceptions.

The applications are disposed of.

2.

I.A.No.9924/2013 (U/s 149 r/w Section 151 CPC)

By this application, the learned counsel for the plaintiffs craves leave

to extend the time to make good deficient court fee. Mr. Anand submits that

the same would be deposited within two weeks as the steps have already

been taken. In view of statement made by learned counsel for the plaintiffs,

the prayer is allowed. The application is disposed of.

2013:DHC:2985

CS(OS) No.1225/2013 Page 2 of 12

3.

CS(OS) No.1225/2013

Issue summons to the defendants, on filing of process fee and Regd.

A.D. Covers within a week, returnable on 15^th July, 2013 before the roster

Bench.

I.A.No.9922/2013 (u/o XXXIX, R.1 & 2 CPC)

4.

Issue notice to the defendants, returnable on 15^th July, 2013.

5.

The plaintiffs have filed the instant suit for infringement of trade

mark, passing off, commercial disparagement and tarnishment of goodwill

and damages. Along with the suit, the plaintiffs have filed the interim

application seeking prayers as contained in the application.

6.

It is stated by plaintiffs that the plaintiff is a well known laboratory in

the field of ayurvedic preparations and is carrying on business for more than

100 years from now. It is stated that the plaintiffs have given several useful

products to the public at large which are not merely famous in India but

world over. The said products include the celebrated ones like ROOH

AFZA, Rogan Badaam Shrin etc.

7.

The plaintiffs state that the trade mark ROOHAFZA is one of the

most popular trade mark in respect of sharbats which gives cooling effect to

the human body. The said trade mark has been put to extensive use since the

year 1907 and the trade mark ROOHAFZA is registered since the year 1945

prior to independence of this country.

8.

The plaintiffs have stated that the usage, reach and consumption of the

product ROOHAFZA is such that the said product is a household name

across India and the globe. It is stated that no one could imagine his or her

upbringing atleast in India and neighboring countries without hearing about

the sharbat called ROOHAFZA which has a tremendous and stupendous

mass approach.

2013:DHC:2985

CS(OS) No.1225/2013 Page 3 of 12

9.

In the light of the same, it is the grievance of the plaintiffs that the

defendants have recently released the movie with the name YEH JAWAANI

HAIN DEEWANI which has hit the cinema halls and the said movie

contains some dialogues which somehow show the well known product

ROOHAFZA in the manner which is detrimental to the interests of the

plaintiffs as a proprietor. The plaintiffs in order to fortify its stand has

reproduced the offending dialogues in the film which are reproduced as

under:

a)Son: “Yeh Roohafza Bahut Bekaar Hai!”

b)Mom : “Sab Thik Ho Jayega!”

Son: “Siwaye Is Roohafza Ke…. Bahut Bura Hai”

10.

The plaintiffs contend that the said conversation between the mother

and son in the film depicts a kind of household wherein mom tries to console

his son that everything will be alright no matter what difficulties he is facing

and in response to the same, the son responds that everything can change but

this ROOHAFZA will remain t