Central Council For Research Of ... vs Hindustan Lever Ltd on 6 October, 2023

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Delhi High Court - Orders

Central Council For Research Of ... vs Hindustan Lever Ltd on 6 October, 2023

Bench: Prathiba M. Singh

                                    $~9
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +               CS(COMM) 259/2018 and I.A. 11211/2014
                                                CENTRAL COUNCIL FOR RESEARCH OF AYURVEDA AND
                                                SIDDHA (CCRAS) AND ANR.                   ..... Plaintiffs
                                                               Through: Mr. J M Kalia, Mr. Siddhartha Shukla
                                                                        & Mr. Dhruv Kalia, Advs. (M:
                                                                        9810325510)
                                                               versus
                                                HINDUSTAN LEVER LTD.                      ..... Defendant
                                                               Through: Mr. Saif Khan, Mr. Shobhit Agarwal,
                                                                        Mr. Prajjwal Kushwaha, Advs. (M:
                                                                        7791065506)
                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                         ORDER

% 06.10.2023

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff No.1 - Central Council for Research of Ayurveda and Siddha (CCRAS) and National Research Development Corporation - Plaintiff No.2 against the Defendant - Hindustan Unilever Ltd. earlier known as Hindustan Lever Limited seeking permanent injunction in respect of the mark 'AYUSH'.

3. The case of the Plaintiffs is that the mark 'AYUSH' was coined by them sometime in 1969 along with the logo, which was designed by the famous artist Satish Gujral. The mark AYUSH was adopted as an acronym of Ayurveda (A), Yoga (Y), Unani (U), Sidha (S) and Homeopathy (H).

4. The case of the Plaintiffs is that the Defendant is using the mark 'AYUSH' in the following logo form along with the word LEVER for various cosmetic products. The listing of the Defendant's products is as under:

CS(COMM) 259/2018 Page 1 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 22:04:56 CS(COMM) 259/2018 Page 2 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 22:04:56

5. The trademark of the Plaintiff has been opposed by the Defendant and the Defendant's trademark applications are opposed by the Plaintiff. Both matters are pending before the Registrar of Trademarks.

6. In the present case, summons were issued on 5th February, 2003 and the matter has been pending for the last 20 years.

7. The evidence in the matter has concluded and the matter is for final hearing.

CS(COMM) 259/2018 Page 3 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 22:04:57

8. Today, it is submitted by ld. Counsel for the Defendant that there are a large number of parties in the market using the mark 'AYUSH' for various formulations. The Defendant wishes to know if the Plaintiffs are permitting the use of the mark 'AYUSH' and if so on what terms. Ld. Counsel for the Plaintiffs, however, submits that the Plaintiffs have applied for various patents for medicinal and other formulations, which are commercially sold as 'AYUSH' branded products such as 'AYUSH-64', 'AYUSH-56' and 'AYUSH GHUTTI'. Only those parties, who have been licensed for use of the mark, can use the mark.

9. In the meantime, it appears that an independent Ministry has also been constituted called the Ministry of Ayush.

10. Since the Defendant wishes to find out and explore amicable resolution between the parties, it is directed that a meeting be held between the representatives of the Plaintiffs as also the representatives of the Defendant under the aegis of the Ministry of Ayush, which shall be presided over by Shri Rajesh Kotecha, Secretary, Ministry of Ayush (Ph: 011-24651950).

11. The meeting shall be held on 21st November, 2023 at 3:00 pm at Ayush Bhawan, B-Block, GPO Complex, INA, New Delhi-110023. The meeting shall take place physically. However, if any person wishes to join virtually, they are free to do so.

12. List on 26th February, 2024 at top of the Board.

13. In the meantime, ld. Counsel for the Plaintiffs submits that there are some discrepancies in the scanning. If so, ld. Counsel for the parties may approach the concerned Dealing Branch, to get the same rectified.

PRATHIBA M. SINGH, J.

OCTOBER 6, 2023/dk/kt CS(COMM) 259/2018 Page 4 of 4 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2023 at 22:04:57

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Delhi High Court - Orders