The Hon’ble Supreme Court of India has upheld the decision of the Delhi High Court, which restrained the manufacturers of a sharbat named ‘Dil Afza’ from selling the product. It came after Hamdard National Foundation (India), part of Hamdard Laboratories India, filed a trademark infringement suit alleging that the brand ‘Dil Afza’ and its bottle design were deceptively similar to its ‘Rooh Afza’ ; and it was intentionally done to ride on the popularity of the iconic brand ‘Rooh Afza’. The decision has vindicated our stand on the whole issue.
As CJI DY Chandrachud observed in his ruling, “It can’t be denied that Rooh Afza has a well-established reputation in India”, Rooh Afza is a heritage brand, which has been around for over a century. Over time, it has won the hearts and palates of people all around the country and beyond. The brand has come to be associated with feelings of happiness, togetherness and nostalgia for most Indians. No wonder, it is referred to as the ‘Drink of India’.
This comes in the wake of another judgement by Delhi High Court a few months back, that restrained the sale of an identical product from Pakistan under the Rooh Afza trademark on Amazon.in. It was observed that the infringing product from Pakistan did not comply with Indian Food Safety and Standards Act and a host of legal mandates that govern and regulate such products in India.
