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Wednesday, July 04, 2001

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Himalaya Drug Co plea on trade mark violation rejected

Our Legal Correspondent

KOLKATA, July 3

MR Justice Bhaskar Bhattacharya of the Calcutta High Court has rejected the contentions of Himalaya Drug Company (HDC), a pharmaceutical company, in a case pertaining to alleged infringement of trade mark by another entity. HDC filed a suit against The H imalayan Herbal Treatment Centre, Delhi, alleging that Himalayan Herbal has infringed the norms as per Trade Mark and Passing off laws by using the name of HDC.

It is submitted that Himalayan Herbal was an Ayurvedic Centre and has come out with an advertisement in the newspaper stating that it is an expert in herbal treatment for curing various joint ailments and problems like arthritis. ``This firm has nothing to do with HDC.''

As the said firm starts its name with `Himalayan', this has prompted HDC to file a suit alleging infringement of the company's trade mark.

After hearing the parties, the court held that the name is not at all similar and that it did not come within the meaning of infringement. Hence, the allegations of HDC with regard to loss of business and infringement of Trade Mark do not arise, it was f urther held.

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