The court’s decision came after a complaint by the Hamdard National Foundation (India) that sharbat manufactured in Pakistan was being sold in India under the same brand name as the company’s.
The High Court ruled in favor of Hamdard, who adopted the mark ‘Rooh Afza’ in 1907. The company sells products worth over Rs 200 crore annually under this brand name.
Justice Pratibha Singh also said that if any other matter is found to be infringing the ‘Rooh Afza’ mark of the plaintiff (Hamdard), it will be brought to the notice of Amazon India and it will be notified under the Information Technology (Intermediary Guidelines and Digital Media Guidelines) code of conduct) will be removed as per law.
The High Court order came on a trademark infringement suit filed by Hamdard National Foundation (India) and Hamdard Dawakhana.
The plaintiff claimed that a company named Golden Leaf was selling its products on Amazon India under the trade mark ‘Rooh Afza’.
The plaintiff also stated that three purchases were made by him through the Amazon platform from three sellers and on all the occasions the product was claimed to be manufactured by Hamdard Laboratories (Waqf) Pakistan.
Source: navbharattimes.indiatimes.com
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