Bombay High Court Summons Patanjali Director In Trademark Infringement Case
Bombay High Court Summons Patanjali Director In Trademark Infringement Case
The Bombay High Court has directed Patanjali Ayurveda Director Rajnish Mishra to appear before it in connection with a Trademark infringement case filed by Mangalam Organics. The case alleges that Patanjali infringed on the packaging and trade dress of Mangalam Organics' camphor product.
Justice R.I. Chagla was hearing a contempt application filed by Mangalam Organics Ltd. against Patanjali Ayurved Ltd. and others for the alleged breach of an ad-interim order dated August 30, 2023.
Mangalam Organics Ltd. initially filed a commercial Intellectual Property (IP) suit along with an interim application against Patanjali Ayurved Ltd., alleging passing-off and copyright infringement. The plaintiff claimed that Patanjali's camphor product imitated the cone-shaped, non-woven fabric-draped packaging and trade dress of their own camphor product, resulting in consumer confusion. On August 30, 2023, the court granted ex-parte ad-interim relief, prohibiting the defendants from manufacturing or selling the contested product, and appointed a court receiver to enforce the order.
Despite being served with the ad-interim order, Mangalam Organics Ltd. asserted that Patanjali continued to sell the disputed product at the Patanjali Mega Store in Virar and online. Consequently, the plaintiff filed a contempt application under Order XXXIX Rule 2(A) of the Code of Civil Procedure (CPC).
The plaintiff, Mangalam Organics Ltd., argued that the defendants were in ongoing violation of the ad-interim order. He referenced additional affidavits submitted on March 13, 2024, and April 30, 2024, which included evidence such as annexures showing the continued manufacture and sale of the impugned product "Patanjali Aastha Kapoor Cone" at the Virar Mega Store. The affidavits presented invoices from March 10, 2024, to April 28, 2024, and listed the product's manufacturing date as March 2024, as proof of this breach.
In response, Rajnish Mishra, Director of the defendant, filed a reply affidavit claiming that no product had been sold post-court order, except inadvertently at the Virar Mega Store. Mishra apologized unconditionally for this unintentional breach and stated that measures had been taken to immediately stop further sales.
The plaintiff’s counsel contended that the defendants' affidavit was false and contradicted the evidence presented, asserting that the defendants were in wilful breach of the court's orders. He requested that the directors of the defendant, including Rajnish Mishra, be required to attend the next hearing to address the ongoing breaches.
The court directed the defendants to submit a detailed affidavit addressing the additional affidavits and to tender another unconditional apology within one week. The plaintiffs were allowed to file a rejoinder affidavit within one week following this submission. Additionally, the court ordered Rajnish Mishra to appear at the next hearing.
The defendants were also instructed to provide a comprehensive affidavit detailing any further sales of the contested camphor product since the order dated August 30, 2023. The ad-interim order was extended until the next hearing, set for July 8, 2024.
