The Delhi high Court prohibited Amazon from selling Pakistani Rooh Afza on its website.
The suit has been filed by Plaintiff – Hamdard National Foundation (India) and Plaintiff – Hamdard Dawakhana also trading as Hamdard Laboratories India against Defendant – Amazon Seller Services Pvt. Limited and Defendant – M/s. Golden Leaf, C/o Amazon Seller Services Pvt. Limited. The suit relates to the product and mark of the Plaintiffs ‘ROOH AFZA’.
The plaintiff prayed before the court that an order for permanent injunction restraining the Defendants, their proprietors or partners or directors as the case may be, their principal officers, servants, agents and all others acting for and on behalf of the Defendants from using, selling and offering for sale the products under the mark ROOH AFZA which is identical to the registered trade mark ROOH AFZA of the Plaintiffs, in any manner and for any goods and services particularly for Syrups/Sherbets products, so as to cause confusion or deception leading to infringement thereof.
The single judge bench of Justice Prathiba M. Singh, considering the submissions made and the facts recorded said that the suit shall stand decreed in terms of paragraph 38(a) of the Plaint against Defendant M/s. Golden Leaf, C/o Amazon Seller Services Pvt. Limited as also the sellers mentioned.
The court ordered that in case any other listings infringing the Plaintiffs’ mark ‘ROOHAFZA’ are found by the Plaintiffs, the same shall be brought to the notice of the Defendant Amazon Seller Services Pvt. Limited and the same shall be taken down in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended in 2022. Counsel for Defendant shall also be notified of the same in order to ensure compliance.
Case title: Hamdard National Foundation (India) & Anr. v/s Amazon India Limited & Anr.
Citation: CS (COMM) 607/2022 & I.As.14189/2022, 17631/2022