The latest development from New Delhi indicates that Delhi High Court has permanently restrained retailers on e-commerce platform Amazon from selling sherbets made in Pakistan under the ‘Rooh Afza’ brand, owned by India’s Hamdard.
‘Rooh Afza’ Banned On Amazon
The development came when Hamdard National Foundation (India) approached it with a complaint that sherbets manufactured in Pakistan were being sold in India under an identical name.
In the court’s verdict, the high court decreed the suit in favor of Hamdard which had adopted the mark ‘Rooh Afza’ in 1907.
Under this brand name, the company sells over Rs 200 crore worth of products annually.
According to the Justice Prathiba Singh, in case any other listings infringing the petitioner’s (Hamdard) ‘Rooh Afza’ mark are found, it shall be brought to the notice of Amazon India.
Further, the same shall be taken down in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules.
This verdict came from the high court’s while deciding the trademark infringement suit filed by Hamdard National Foundation (India) and Hamdard Dawakhana, which is also trading as Hamdard Laboratories India, against Amazon Seller Services Pvt Ltd and Golden Leaf.
Further, the petitioner claimed that a company named Golden Leaf was selling products under the ‘Rooh Afza’ mark on Amazon India, by using their name.
Infringement Of Trademark
According to them the product has infringed their trademark, and was manufactured in Pakistan.
Further adding that it does not comply with the requirements of the Legal Metrology Act and the Food Safety and Standards Act which governs such products in India.
In their defense, the petitioner pointed out that three purchases were made by them from three sellers through the Amazon platform.
Interestingly, on all occasions the product was claimed to be manufactured by Hamdard Laboratories (Waqf) Pakistan.