Trademark infringement: Bombay High Court begins hearing Patanjali’s appeal

A single Bench of Justice R.I. Chagla had imposed a fine of ₹4.5 crore on Patanjali for violating a 2023 ad-interim order that restrained the firm from selling Mangalam camphor products

The Bombay High Court on Friday began hearing arguments in an appeal filed by Patanjali Ayurved Ltd. against the order passed by a single Bench of Justice R.I. Chagla of the court in July in favour of Mangalam Organics Ltd.

The High Court, in its order, had imposed a fine of ₹4.5 crore on Patanjali for violating a 2023 ad-interim order that restrained the firm from selling cone-shaped Mangalam camphor products. The judge had noted that Patanjali had made a “wilful and deliberate breach” of the court’s order and there is no doubt that the firm had the intention to flout the orders. 

Mangalam Organics Ltd. had filed a trademark infringement suit against Patanjali. A Division Bench of Justices A. S. Chandurkar and Rajesh S. Patil heard the arguments presented by advocate Hiren Kamod who represented Mangalam.

“Considering the dishonest conduct of the appellant [Patanjali Ayurved Ltd.] and the continuous contempt committed by them, the High Court had correctly exercised its powers. The High Court on August 30, 2023, in an interim order, had restricted Patanjali from selling or advertising Mangalam camphor products. Despite the court’s restraining order, Patanjali continued its sale and advertisement of the same camphor products till July 2024,” Mr. Kamod said

In July 2024, Rajneesh Mishra, director of Patanjali Ayurved Ltd., tendered an unconditional apology, and, in an affidavit, admitted that the company had continued to display and sell the restrained Mangalam camphor products, Mr. Kamod said.

Even after the injunction order was passed, the firm admitted selling camphor products amounting to ₹49,67,861 till June 2024. In an August 2024 hearing, senior advocate Zal Andhyarujina and advocate Serena Jethmalani, instructed by advocates Archit Virmani, Atul Gupta, Anshul Kochar and R. Kumar, representing Patanjali, had admitted in the court that the camphor products worth ₹25,94,505 were still with the distributors but their client (Patanjali) had stopped the sale.

“However, the products continue to be sold and the manufacturing date on the camphor bottles is March 2024, almost seven months after the ex-parte order was passed by the High Court, Patanjali continues to lie to the court and it clearly reflects their dishonesty,” Mr. Kamod said.

The matter is listed for further hearing on November 27.

Published - November 22, 2024 11:24 pm IST