Informist, Monday, Jul. 7, 2025

NEW DELHI – The division bench of the Delhi High Court has upheld a single-judge order to restrain Rajasthan Aushdhalaya Pvt. Ltd. from making and selling medicines under the name Liv-333 or any other name similar to Himalaya Global Holdings Ltd.'s and Himalaya Wellness Co.'s trademark Liv.52. However, the division bench issued notices to the Himalaya companies on the issue of the single judge imposing cost and damages on Rajasthan Aushdhalaya in the case.

"We, in fact, are of the view that the adoption, by the appellant, of a mark which was a portmanteau of 'Liv' as an abbreviation for liver and a number thereafter, cannot be treated as innocent," said the bench of Justices C. Hari Shankar and Ajay Digpaul. The obvious intent appears to have been to come close to the mark 'Liv.52' which was being used by the respondent, the bench added.

The Himalaya companies have been manufacturing and marketing tablets under the Liv.52 trademark for liver health since 1957. The medicine was used as a natural remedy for improving liver function and were sold in various forms and preparations, such as Liv.52 syrup, Liv.52 tablets, Liv.52 DS tablets, Liv.52 HB capsules, Liv.52 protec liquid and Liv.52 furglow liquid.

The respondents claim to have come to learn, in January 2024, of several listings of the mark Liv-333, as well as the logo Rajasthan Herbal International Pvt. Ltd., under which the petitioner was selling preparations for liver treatment in capsule and tablet forms. Thereafter, the respondents issued a cease and desist notice to the petitioner, calling upon them to discontinue the use of Liv-333 medicines. After the petitioner did not discontinue the use of the medicines, the respondents moved the high court seeking a permanent injunction against Rajasthan Aushdhalaya. In February, the single-judge bench ruled in favour of the Himalaya companies, against which the petitioner moved the division bench.  End

Reported by Surya Tripathi

Edited by Tanima Banerjee

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