Court Restrains Sale Of 'Dil Afza' After Rooh Afza Allege Trademark Infringement
NDTV
The court's order came on an appeal by Hamdard (appellant) against a single judge's order refusing to pass an interim order to restrain 'Dil Afza' manufacture Sadar Laboratories (respondent) from allegedly indulging in trademark infringement.
The Delhi High Court has restrained the manufacture and sale of sweet beverage concentrate 'Sharbat Dil Afza' during the pendency of a lawsuit for alleged trademark infringement by Hamdard Dawakhana which sells 'Rooh Afza'.
A bench of justices Vibhu Bakhru and Amit Mahajan 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 (appellant) against a single judge's order refusing to pass an interim order to restrain 'Dil Afza' manufacture Sadar Laboratories (respondent) from allegedly indulging in trademark infringement.
"It is not difficult to conceive that a person who looks at the label of 'DIL AFZA' may recall the label of 'ROOH AFZA' as the word 'AFZA' is common and the meaning of the words 'ROOH' and 'DIL', when translated in English, are commonly used in conjunction," said the court in its order dated December 21.
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