End of Sharbat war? Supreme Court upholds Delhi High Court order restraining sale of 'Dil Afza' after Rooh Afza alleges trademark violation
The Delhi High Court had last year restrained Sadar Laboratories from manufacturing Dil Afza in a trademark infringement suit by Hamdard Foundation, the makers of Rooh Afza.
The Supreme Court on Wednesday dismissed an appeal filed against a Delhi High Court order which restrained the manufacturers of a sharbat named ‘Dil Afza’ from selling the product after Hamdard Foundation filed a trademark infringement suit alleging that it was deceptively similar to its ‘Rooh Afza’ product.
While dismissing the appeal, a Bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala observed that the High Court's decision was right, and thus it would not interfere.
"Rooh Afza has a well-established reputation across India and suddenly you sell some medicines and in 2020 you start selling some Sharbat...Division Bench has held correctly...We will not interfere. Dismissed," the Court held.
During the hearing, Justice Narasimha asked what difference it would make if one asks for Rooh Afza and gets Dil Afza instead.
The counsel appearing for Hamdard replied,
"This drink is century-old and it has acquired a character...a structural phonetic and visual mark has to be compared as a whole...Division Bench [of High Court] has found circular rings in bottle which gives away dishonest intentions...They are selling since 2020 and we are selling since 1907...this looks like a variant of Rooh Afza...They are riding on my goodwill."
Hamdard Foundation had moved the Delhi High Court arguing that the sale of another sharbat by the name Dil Afza (manufactured by Sadar Laboratories) is deceptively similar to Rooh Afza and that the defendants have infringed on its trademark since the words ‘Dil’ and ‘Rooh’ have similar meanings.
It was also stated that the bottles in which the two products are being sold are similar.
The High Court in its order passed last year observed that there was a clear connection between the words 'Rooh', which means soul, and 'Dil' meaning heart.
“It is thus not difficult to conceive that a person who looks at the label of DIL AFZA may recall the label of ROOH AFZA as the word ‘AFZA’ is common and the meaning of the words ‘ROOH’ and ‘DIL’, when translated in English, are commonly used in conjunction,” the Court had said.
In doing so, the Bench set aside an order of a single-judge which dismissed the application filed by the Rooh Afza manufacturers seeking an injunction on the sale of Dil Afza
