KUNAL DHAWAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The hearing has been conducted through video conferencing.

(2.) Learned APP for the State and learned counsel for the respondent No.2 have opposed the present petition by stating that respondent No.2, namely, the Indian Medical Association (Regd.) (hereinafter referred to as IMA) is a society duly registered under the provisions of the Societies Registration Act, 1860 vide Certificate No. 325 of 1934-35 issued by the Registrar of Societies on 19.05.1934. IMA is the national association and organisation of "Doctors of Modern Scientific Medicine" formed in 1928 which looks after the interest of the doctors as well as the well being of the community at large. The respondent No.2 is the largest professional association of medical doctors in the country and all top academicians and educationalists in the medical profession are members of the answering opposite party. The membership of Respondent No. 2 includes Vice Chancellors, eminent professors, Directors of medical institutions, eminent specialist, doctors, ministers and registered medical practitioners.

(3.) It is also submitted that the petitioner i.e. accused No.2 acting for and on behalf of M/s Rosario Cosmetics Pvt. Ltd., i.e. accused No.1 (a company registered under the relevant provisions of the Companies Act, 1956, primarily engaged in the business of manufacturing and marketing of its own FMCG brands), approached respondent No.2 in the month of March, 2015 and made tall claims and alleged assertions about the varied brands being manufactured and marketed by accused No.1-Company, in the area of health, hygiene and sanitization and in view of same requested the respondent No.2 to validate and authenticate the products so manufactured and marketed by them as the respondent No.2. The Complainant Society being renowned and known organization within the medical fraternity of the country, whose predication for legal, social and moral standards is unparalleled. The respondent No.2 entered in to a Memorandum of Understanding (MoU) dated 08.04.2015, wherein the complainant Society authorized the accused No.1-Company i.e. M/s Rosario Cosmetics Pvt. Ltd. to use the IMA mark in relation to various products being manufactured and marketed by it under the brand name HYGIA for the period starting from 08.04.2015 to 31.07.2017. The said MoU before it expired was renewed from 01.08.2017 to 31.12.2019 vide MoU renewal letter dated 03.08.2017.