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Synopsis

The Delhi High Court has passed a permanent injunction in favour of Humdard Dawakhana (plaintiff), in the suit related to the product and mark of the plaintiff's ‘ROOH AFZA’.  

Earlier on September 5, the Court had directed Amazon and others to remove all listings of the Pakistani ‘Roof Afza’ manufacturer from the website. Further, the Court had directed the products to be removed within 48 hours.

In case any other listings infringing the Plaintiffs’ mark ‘ROOHAFZA’ are found by the Plaintiffs, the same shall be brought to the notice of the Defendant No.1 and the same shall be taken down in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended in 2022, Justice Pratibha M. Singh opined.

In the pertinent matter, it was submitted by the Hamdard group that they were in the business of manufacturing and selling various Unani and Ayurvedic medicines, oils, syrups and non-alcoholic beverages and that they have a history that dates back to over 100 years when well known Unani practitioner ‘Hakeem Hafiz Abdul Majeed’ had set up an Unani clinic under the name ‘Hamdard Dawakhana’.

Furthermore, they own rights in the marks ‘HAMDARD’ and ‘ROOH AFZA’, while the mark ‘ROOH AFZA’ was adopted by the Plaintiffs in 1907, the group alleged. 

Therefore, the grievance that arose was that the plaintiffs found their product being sold on Amazon (an intermediary) by Golden leaf, which was made in Pakistan, which was an “utter shock” to the rightful owners.  In furtherance of the same, it was submitted that the practice did not comply with the legal requirements of the Legal Metrology Act, 2009, the Legal Metrology (Packaged Commodities) Rules, 2011, and the Food Safety and Standards Act, 2006 which governs such products.

Counsel appearing for Amazon had submitted on September 5 that if the URLs of the infringing listings are furnished to him, the same shall be taken down

While on November 11, Counsel appearing for Humdard Dawakhana submitted that since all the details of the sellers have been received and all the infringing listings have been taken down, the reliefs sought in the present plaint stand satisfied.

Therefore, after considering the submissions made and the facts put forth, the Court held that the suit shall stand decreed in terms of paragraph 38(a) of the Plaint against Defendant No.2 (Golden Leaf), where permanent injunction was sought in the prayer.

Case Title: HAMDARD NATIONAL FOUNDATION (INDIA) & ANR.vs. AMAZON INDIA LIMITED & ANR.