Sandhi Sudha granted injunction against Saptarishi Sandhi Sudha in trademark dispute
In the present case, the plaintiff i.e., Indiyaa Distribution Network LLP manufactures an ayurvedic joint pain relief oil and sells it under the mark ‘SANDHI SUDHA.’ In 2011, after making minor changes in the oil composition, to make it more efficient as a relatively premium oil, the plaintiff started manufacturing ‘SANDHI SUDHA PLUS’ and has commenced use of the trademark as a relatively premium oil.
Both the products, namely, ‘SANDHI SUDHA’ and ‘SANDHI SUDHA PLUS,’ are used by Plaintiff. Further, the plaintiff has got copyright registrations for the packaging of ‘SANDHI SUDHA’ oil. The trademark application for registration of the trademark ‘SANDHI SUDHA’[1] in Class 5, for herbal pain relief oil is still pending before the Trademark registry as the same has been opposed by a third party.
In March 2021, the plaintiff’s dealing with the product under the trademark ‘SANDHI SUDHA’ had was suspended because of some legal issues. Later, the issue was resolved after the plaintiff had filed a complaint regarding the same. Similarly, the plaintiff’s Amazon account was also suspended and subsequently restored after filing a complaint to the former.
On conducting a search, the Plaintiff discovered that the defendant is using a similar trademark by the name ‘SAPTARISHI SANDHI SUDHA INDIA’ with label[2]. The plaintiff filed a cancellation application against the same. The plaintiff further contended that being a prior user, have huge sales and turnover with wide publicity through advertisement over the years, their mark has also been recognized and protected by the Court.
The Plaintiff filed this suit for granting an ex-parte ad-interim injunction since, the balance of convenience also lies in favour of the them.
Upon hearing the Plaintiff, the court restrained the defendants from selling, offering for sale any goods, advertising, or promoting any product under the name of ‘SAPTARISHI SANDHI SUDHA INDIA’ or any trade mark which is identical or similar to the plaintiff’s trade mark- ‘SANDHI SUDHA’ and ‘SAPTARISHI’ which may cause confusion and deception in the market.
[1] Application No. 2031828
[2] Application No. 2152484
Author: Adarsh Singh, student at UPES, Dehradun
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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