HIMALAYA WELLNESS COMPANY Vs. ABONY HEALTHCARE LIMITED

JUDGEMENT

(1.) The present suit has been instituted by the plaintiffs, alleging infringement, by the defendants, of the mark LIV.52, which stands registered in favour of Plaintiff 2 vide registration number 180564 with effect from 10/7/1957. The following marks of the plaintiff, containing 'LIV.52' as a part thereof, stand registered: <FRM>JUDGEMENT_129_LAWS(DLH)10_2023_1.html</FRM>

(2.) The plaint also asserts that the plaintiff has amassed goodwill and reputation over a period of time, in the LIV.52 marks. The sales turnover of products bearing the LIV.52 marks, from 2010-2011 to 2021-22, has been provided. In the year 2021-22 alone, the sales of products bearing the LIV.52 marks of the plaintiff resulted in earnings to the tune of ? 209.02 crores. The plaintiff has also incurred huge amounts towards advertisement and promotion of its trademarks, which have also been set out in a tabulated fashion in para 26 of the plaint.

(3.) It is asserted, in the plaint, that by dint of continuous usage, the LIV.52 marks have become indelibly associated with the plaintiff and have become source identifiers.