In a recent trademark case, the Delhi High Court issued an interim injunction in favour of Hamdard Laboratories over Sadar Laboratories Private Limited. The court ruled that Sadar Laboratories had infringed upon Hamdard’s registered trademark by producing and selling a sweet beverage concentrate named ‘Sharbat Dil Afza.’ This verdict was reached during the pendency of a lawsuit lodged by Hamdard Dawakhana, which sells a similar product named ‘Rooh Afza.’
Delhi High Court’s Verdict
The court has ordered the halt of manufacture and sales of ‘Sharbat Dil Afza’ due to its close resemblance with Hamdard’s ‘Rooh Afza.’ The court highlighted that ‘Rooh Afza’ has served as an identifier for Hamdard for over a century, amassing significant goodwill. It advised competitors to steer clear of using the trademark, citing potential confusion among consumers looking at the label ‘DIL AFZA’ who may recall the label ‘ROOH AFZA’ because the word ‘AFZA’ is common in both.
Additionally, the two products have the same deep red colour and texture, and the structure of their bottles isn’t materially different. These similarities, according to the court, lend a deceptively similar commercial impression to the appellant’s trademark.
Understanding Trademarks
Trademarks are signs used to distinguish the goods or services of one company from those of others. They are protected under Intellectual Property Rights (IPR) and in India are governed by the Trade Marks Act 1999, which was amended in 2010.
Trademarks legally differentiate a product or service from others of its kind and establish the source company’s ownership of the brand. While trademarks do not expire, the owner must regularly use them to maintain the protections associated. They serve as a badge of origin that exclusively identifies a particular business as the source of specific goods or services.
Trademark Infringement
Trademark infringement involves the unauthorized use of a sign that is identical or deceptively similar to a registered trademark. A mark’s strength is determined by its familiarity and the goodwill it has accrued. The level of protection afforded to a trademark varies with the strength of the mark; a stronger mark necessitates greater protection.
UPSC Civil Services Examination Previous Year Questions (PYQs)
One question from the 2010 UPSC Civil Services Examination asked students to differentiate between “Trade Mark” and a Geographical Indications. The question was about the enactment of the Geographical Indications of Goods (Registration and Protection) Act by India in 1999 to comply with the TRIPS Agreement. Answer (b) was the correct choice. According to this, a Trade Mark is an individual or company’s right and can be licensed, whereas a Geographical Indication is a community’s right and cannot be licensed.