Wipro Enterprises Private Limited vs Himalaya Wellness Company & Ors. on 1 October, 2024
18. The Appellant has explained that prior to launching their product, it
had conducted a search in Class 3 of the NICE Classification for the mark
"EVECARE" and the search result showed that there was no other mark
in the said Class of goods as the Respondents' mark appears in Class 5.
Thus, the Appellant could not have been injuncted by the learned Single
Judge. We are unable to agree with this submission. Relying on the
judgment in the FDC Limited v. Docsuggest Healthcare Services Pvt.
Ltd. & Anr.12, the learned Single Judge has held that the classification of
goods and services under Section 7 of the Act is not the criteria for
deciding the question of similarity of such goods and services.