Delhi High Court Restrains Wipro From Using ‘EVECARE’ For Its Female Hygiene & Menstrual Health Products In Plea Filed By Himalaya
Live LawObserving that Himalaya has been using the said trademark for a period of 24 years, the court said that such a long usage had, in its prima facie view, resulted in Himalaya acquiring goodwill and reputation in the mark ‘EVECARE’. The Delhi High Court has restrained Wipro Enterprises from using the mark ‘EVECARE’ in relation to its intimate hygiene wash for women or any other product, in a trade mark infringement and passing off suit filed by Himalaya Wellness Company. The court expressed surprise as to why a reputed company such as Wipro would launch its product, also pertaining to female reproductive hygiene, almost 22 years later, using the identical trademark as that of Himalaya’s. While holding that Wipro had failed to provide a plausible explanation for adopting the identical trademark, the court said, “Accordingly, this Court is of the prima facie view that the adoption of the registered trademark of the plaintiffs by the defendant was not bona fide and amounts to misrepresentation.” It further took note that when a prospective consumer would search for ‘EVECARE’ on various third-party e-commerce platforms, such as ‘Amazon’, ‘Netmeds’ and ‘TATA 1mg’, both the products of Himalaya and Wipro would show up, which is likely to cause confusion. The court also dismissed the contention of Wipro that because Himalaya uses its house-mark, ‘Himalaya’ along with trademark ‘EVECARE’, it would eliminate confusion.
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