Patanjali Ayurved v. Arudra: Madras High Court Judgement
That the present Appeal was filed by Patanjali Ayurved Ltd and Divya Yog Mandir Trust against the Order dated 06.08.2020 in OA No. 258 of 2020 in CS No. 163 of 2020 in making the ex-parte interim injunction already granted as absolute.
SINGLE JUDGE
That the interim injunction was granted by the Single Judge in favour of the original Plaintiff i.e. Arudra Engineering which had preferred a Suit under Section 29(4) of the Trademark Act for infringement and dilution of their registered mark, Coronil-213 SPL and Coronil 92-B by the mark of the Appellant i.e. Coronil Tablet.
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Madras HC suspends Restraining Order for Two Weeks for using ‘Coronil’ and Cost on Patanjali
DIVISION BENCH
The Division Bench vide Order dated 14.08.2020 was pleased to stay the operation of the grant of Injunction on prima facie facts and had posted the matter for final arguments. Consequently, the matter was heard at length and extensive arguments and rebuttals were advanced by both the parties pursuant to which the matter was reserved for orders.
The Division Bench finally vide Order dated 02.02.2021 passed the Judgment in OSA No. 169 of 2020 allowing the Appeal in favor of the Appellants and specifically holding that the Respondents had failed to make out a case under Section 29(4) of the Trademarks Act for dilution of its registered mark and in view of the same, the injunction granted by the Ld. Single Judge deserved to be vacated. The appeal was accordingly allowed.
LEGAL TEAM
The counsels as Mr CA Sunderam and Mr Satish Praseran, Sr. Advocates along with local counsels Mr P Giridharan and Mr Santosh assisted by a team of advocates from Athena Legal comprising of Mr Simranjeet Singh and Mr Mizan Siddiqui.
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