Relief for Rooh Afza as SC upholds injunction on Dil Afza's manufacture & sale
A single judge had earlier dismissed Hamdard's application, but Delhi HC overturned it in favour of the plaintiff
The Supreme Court on Wednesday ruled in the favour of Delhi High Court's decision to impose restrictions on the manufacture and sale of Dil Afza, in the case of trademark infringement filed by Rooh Afza, till the issue is resolved.
After inspecting the issue, a bench headed by Chief Justice DY Chandrachud stated: "We will not interfere. Dismissed."
Hamdard Foundation, which owns Rooh Afza, had moved court against Sardar Laboratories' Dil Afza in December 2022, arguing that the latter infringed on its trademark since the words "Rooh" and "Dil" have overlapping meanings in Urdu.
Hamdard also argued that the bottles of both brands were identical and could mislead consumers, especially since Rooh Afza has enjoyed significant goodwill among its consumer base.
Sardar Laboratories asserted that since 1949, its unani medicines, syrups and beverages have been sold under the contested trademark. It also argued that the plaintiff can assert monopoly rights over the term "Afza."
A single judge had earlier dismissed Hamdard's application, but Delhi HC overturned it in the favour of the plaintiff, seeking an injunction on the sale of Dil Afza until the lawsuit was resolved.
