In a recent development, the Delhi High Court has issued an interim order restraining Wipro Enterprises from manufacturing, selling, or advertising their female intimate wash or any other product under the mark 'EVECARE.' The decision came after Himalaya Wellness Company filed a suit alleging trademark infringement [Himalaya Wellness Company & Ors v Wipro Enterprises Private Limited].
The bench, comprising Justice Amit Bansal, noted that Himalaya has been using the trademark 'EVECARE' for its uterine tonic for nearly 24 years, while Wipro only launched its product in 2021. The court observed that Wipro's use of an identical mark could cause injury to Himalaya's goodwill and reputation, as well as confusion and deception in the market.
The court emphasized the nature of the products involved, which both pertain to menstrual and reproductive health for women. It stated that prospective buyers of such products are unlikely to ask detailed questions before making a purchase, making it essential to avoid confusion and ensure consumer trust. The court highlighted the importance of maintaining an optimum pH level for a healthy vagina and noted that both Himalaya's uterine tonic and Wipro's vaginal wash aim to maintain balanced pH levels while focusing on uterine and vaginal care.
Brief Facts:
Himalaya had brought the case to the High Court, asserting that they had been using the 'EVECARE' mark since 1998 and obtained it in 1997. They claimed that Wipro's adoption of the same mark was a violation of their registered trademark. Despite serving a cease-and-desist order, Wipro refused to comply with the plaintiff's demands.
Contentions by Wipro:
Wipro argued that they entered the female hygiene segment in 2020 and adopted the mark 'EVECARE' with the intention of creating a protective and caring brand. They contended that their product fell under a different class than Himalaya's and therefore did not infringe on their rights.
Observations by the Court:
However, after considering the arguments, Justice Bansal concluded that Wipro failed to provide a satisfactory explanation for adopting the identical trademark. The court found that Wipro's adoption of Himalaya's registered trademark was not bona fide and amounted to misrepresentation. The court also highlighted the similarity and targeting of the same set of consumers by both products.
The court dismissed Wipro's contention that the use of Himalaya's house mark, 'Himalaya,' alongside the trademark 'EVECARE,' would eliminate confusion. It noted that in the context of online purchases, trademarks are usually the primary search criteria, rendering the house mark less relevant.
Considering the prima facie case of passing off made by Himalaya, the court determined that the balance of convenience favoured the plaintiff. It further emphasized that failure to grant an injunction would cause irreparable harm not only to Himalaya but also to the public.
The decision of the Court:
As a result, the court ordered Wipro, its directors, officers, agents, distributors, retailers, and other parties acting on its behalf, to refrain from manufacturing, selling, advertising, or dealing in any manner with products and services, including the female hygiene and menstrual health product, under the mark 'EVECARE' or any deceptively similar mark, until the final adjudication of the suit.
The decision by the Delhi High Court provides temporary relief to Himalaya Wellness Company, upholding the significance of their long-standing trademark rights and protecting against potential confusion and harm in the market.
Case Name: Himalaya Wellness Company & Ors vs Wipro Enterprises Private Limited
Coram: Hon’ble Mr. Justice Amit Bansal
Case No.: CS(COMM) 118/2023
Advocates of the Petitioners: Mr. Pravin Anand, Ms. Prachi Agarwal, Ms. Mishthi Dubey and Ms.Aditi Srivastava, Advocates.
Advocates of the Respondent: Mr. Akhil Sibal, Senior Advocate, Mr. Ankur Sangal, Mr. Ankit Arvind, Ms. Asavari Jain, Mr. Kiratraj Sadana, Ms. Bahuli Sharma, Advocates.
Read Judgment @LatestLaws.com
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