Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Industry
  • Pharma News
  • Himalaya's Liv.52...

Himalaya's Liv.52 Trademark Protected: Delhi HC Fines Liv-333 Maker Rs 30 Lakh for Infringement

Farhat NasimWritten by Farhat Nasim Published On 2025-03-20T15:39:45+05:30  |  Updated On 20 March 2025 3:39 PM IST
Delhi HC Restrains Dr Reddys from Selling Semaglutide Drug in India Amid Novo Nordisk Row

Delhi High Court

  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

New Delhi: The Delhi High Court granted a permanent injunction in favor of Himalaya Global Holdings Ltd. against Rajasthan Aushdhalaya Private Limited for infringing and passing off Himalaya's well-known "Liv.52" trademark. Himalaya argued that the defendants' use of the brand name "Liv-333" was deceptively similar and misleading to consumers.

The court, after examining the evidence and considering the lack of a written statement from the defendants, ruled in favor of the plaintiffs.

Himalaya Global Holdings Ltd., a well-established brand in herbal health products, has been manufacturing and selling “Liv.52” for liver health since 1955. Over the years, it has become one of the most recognized herbal supplements in India and abroad. The brand “Liv.52” has been trademarked and enjoys strong brand recognition among consumers.

The plaintiffs discovered that the defendants, Rajasthan Aushdhalaya Private Limited, were selling “Liv-333”—a liver health supplement—on various e-commerce platforms, including Amazon, Flipkart, and JioMart. The plaintiffs argued that this mark was deceptively similar to their registered trademark “Liv.52,” causing a likelihood of confusion among consumers.

The plaintiffs contended that the use of “Liv-333” by the defendants was an attempt to capitalize on the goodwill and reputation of “Liv.52.” They further alleged that consumers might falsely assume that “Liv-333” was associated with or endorsed by Himalaya due to the similarity in branding. Despite issuing a cease-and-desist notice on January 17, 2024, the plaintiffs claimed that the infringing product continued to be sold on online platforms. Additionally, the defendants failed to respond or provide any justification for using the name “Liv-333.”

On May 24, 2024, the Delhi High Court issued an ex-parte ad-interim injunction restraining the defendants from selling “Liv-333” products. The defendants were required to file a written statement within the stipulated time. However, they failed to do so, leading to the closure of their right to submit a defense on January 23, 2025. The court also noted that despite clear orders, the defendants delayed disclosure of revenue earned from the infringing products. It observed:

"This Court observes that despite multiple opportunities to file an affidavit disclosing the revenue earned from the sale of products bearing the Liv-333 mark since the grant of the injunction on 24th May, 2024, as well as the pendency of a contempt application filed by the plaintiffs under Order XXXIX Rule 2A CPC, the defendants belatedly filed the requisite details in February, 2025."

Based on the available evidence and in the absence of a written statement from the defendants, the court proceeded under Order VIII Rule 10 CPC and ruled in favor of Himalaya Global Holdings Ltd. The plaintiffs successfully demonstrated that “Liv.52” is a well-established and reputed brand in the market. The court observed that the use of “Liv-333” was likely to mislead consumers due to phonetic and visual similarity. The defendants' failure to justify their use of the mark or file a written statement significantly weakened their position. It noted:

"Upon a bare perusal of the comparison of plaintiffs’ HIMALAYA logo and defendants’ RAJASTHAN logo, it is manifest that no claim of infringement can be carved out with respect to these two marks. Both the marks are entirely distinct—visually, phonetically, and structurally. Accordingly, the plaintiffs’ claim of similarity of green-orange colour scheme and the leaf device cannot be upheld."
"Upon comparison of the plaintiffs’ "Liv.52" mark with the defendants’ "Liv-333" mark, it is evident that the mark LIV forms the essential feature of the plaintiffs’ "Liv.52" mark and the defendants have clearly infringed upon the said mark by adding a numeral "333", which does not sufficiently distinguish their mark from that of the plaintiffs. The use of the term "LIV" as the essential element in both marks creates a high degree of similarity, leading to a likelihood of confusion among consumers. The mere addition of the numeral "333" does not alter the overall impression of the mark, as the primary and most recognizable component remains identical."
"Upon careful consideration of the aforesaid discussion, it is noted that the plaintiffs’ claim of infringement is well-founded, as the defendants’ use of "Liv-333" is likely to deceive or cause confusion among members of the trade and public. The unauthorized use of the "LIV" element in a manner that does not materially differentiate the defendants’ mark from the plaintiffs' well-established "Liv.52" mark amounts to a violation of the plaintiffs’ statutory rights. This position is further fortified by the aforesaid decision in Himalaya Drug Company (Supra). Thus, it is manifest that the defendants’ mark ‘Liv-333’, with the word ‘Liv’ appearing in isolation followed by a numeral, is nearly identical/deceptively similar to plaintiffs’ registered and prior used trademark ‘Liv.52’."

Consequently, the court granted a permanent injunction, preventing Rajasthan Aushdhalaya Private Limited from using “Liv-333” or any deceptively similar mark. The court held;

"In view of the defendants’ continued and willful infringement of the plaintiffs’ "Liv.52" mark despite the subsistence of an ad-interim injunction, this Court finds it appropriate to impose costs and damages to compensate the plaintiffs for the losses suffered and to deter such unlawful conduct. The defendants, having derived undue commercial benefit from the unauthorized use of the impugned "Liv-333" mark, are liable to compensate the plaintiffs for the loss of goodwill, dilution of trademark rights, and unjust enrichment."

The Court also directed the defendants to remove all infringing products from e-commerce platforms and other distribution channels. Additionally, the Court awarded costs of Rs 10,91,567 in favor of the plaintiffs. Furthermore, the plaintiffs were awarded damages amounting to Rs 20 Lacs, with defendant nos. 1 and 2 each liable to pay Rs 10 Lacs.

To view the original order, click on the link below:

https://indiankanoon.org/doc/54510839/

trademark infringementHimalaya Global HoldingsLiv.52 trademarkRajasthan Aushdhalayaliv-333liv333LIV52Delhi High Courtlatest pharma news
Farhat Nasim
Farhat Nasim

    Farhat Nasim joined Medical Dialogue an Editor for the Business Section in 2017. She Covers all the updates in the Pharmaceutical field, Policy, Insurance, Business Healthcare, Medical News, Health News, Pharma News, Healthcare and Investment. She is a graduate of St.Xavier’s College Ranchi. She can be contacted at editorial@medicaldialogues.in Contact no. 011-43720751

    Show Full Article
    Next Story

    Editorial

    Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

    Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

    National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

    National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

    Relevance of Pioglitazone in Indian T2DM Care Continuum

    Relevance of Pioglitazone in Indian T2DM Care Continuum

    Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

    Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

    First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

    First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

    View All

    Journal Club Today

    Global Omega-3 Shortage Poses Serious Health and Environmental Risks: Study

    Global Omega-3 Shortage Poses Serious Health and Environmental Risks: Study

    View All

    Health News Today

    Health Bulletin 31/May/2025

    Health Bulletin 31/May/2025

    View All
    © 2022 All Rights Reserved.
    Powered By: Hocalwire
    X
    We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok