The Supreme Court on Wednesday ending the sharbat war dismissed a plea challenging the Delhi High Court order that restrained the manufacture and sale of sweet beverage concentrate 'Sharbat Dil Afza' during the pendency of a lawsuit by Hamdard Dawakhana which sells 'Rooh Afza' for alleged trademark infringement.
A bench headed by Chief Justice D Y Chandrachud refused to interfere with the high court order dated December 21, 2022. The bench also comprised of Justices PS Narasimha and JB Pardiwala.
"Rooh Afza has a well-established brand. You were selling some kind of medicine and suddenly you started drinks with similar-sounding names. We will not interfere. Dismissed," said the bench.
The controversy in the present case relates to a word mark 'Sharbat Dil Afza' registered by Sadar Laboratories under classes 5 and 32, which Hamdard claims infringes its trademark 'Sharbat Rooh Afza'.
The high court, in its order, had restrained the manufacture and sale of 'Dil Afza' after Hamdard Dawakhana had alleged trademark infringement.
It had said that prima facie, 'Rooh Afza' served as the source identifier for Hamdard for over a century and has acquired immense goodwill and it was essential to ensure that the competitors keep a safe distance from the mark.
The court's order came on an appeal by Hamdard against a single judge's order refusing to pass an interim order to restrain 'Dil Afza' manufacturer Sadar Laboratories (respondent) from allegedly indulging in trademark infringement.
High court points out same colour and texture
The high court also noted that both the products have the "same deep red colour and texture" and the "structure of the bottles is not materially different" and thus opined that the "commercial impression of the impugned trademark is deceptively similar to the appellants' trademark".
With inputs from Agencies
