11/16/22, 9:11 AM LawBeat | Delhi HC passes permanent injunction in Humdard Dawakhana’s favour; Amazon prohibited from selling Pakistani

on prohibited from selling Pakistani Roof Afza

Delhi HC Passes Permanent ALSO READ

Injunction In Humdard Dawakhana’s

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Read Time: 05 minutes

Synopsis
Delhi High Court
Earlier on September 5, the Court had directed Amazon and
Dismisses Uddhav
others to remove all listings of the Pakistani ‘Roof Afza’ Thackeray's Plea…
manufacturer from the website.
Gautam Mishra   
15 Hours Ago
The Delhi High Court has passed a permanent injunction in
favour of Humdard Dawakhana (plaintiff), in the suit related to 

the product and mark of the plaintiff's ‘ROOH AFZA’.  

Earlier on September 5, the Court had directed Amazon and [Nizamuddin Markaz
others to remove all listings of the Pakistani ‘Roof Afza’ Case] Delhi Police
manufacturer from the website. Further, the Court had directed Seeks Directions To…

the products to be removed within 48 hours. Sukriti Mishra   

14 Hours Ago
In case any other listings infringing the Plaintiffs’ mark
‘ROOHAFZA’ are found by the Plaintiffs, the same shall be 
brought to the notice of the Defendant No.1 and the same shall
be taken down in accordance with the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules,
2021 as amended in 2022, Justice Pratibha M. Singh opined.

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11/16/22, 9:11 AM LawBeat | Delhi HC passes permanent injunction in Humdard Dawakhana’s favour; Amazon prohibited from selling Pakistani Roof Afza

In the pertinent matter, it was submitted by the Hamdard group

that they were in the business of manufacturing and selling
various Unani and Ayurvedic medicines, oils, syrups and non-
alcoholic beverages and that they have a history that dates
back to over 100 years when well known Unani practitioner
‘Hakeem Hafiz Abdul Majeed’ had set up an Unani clinic under
the name ‘Hamdard Dawakhana’.

Furthermore, they own rights in the marks ‘HAMDARD’ and

‘ROOH AFZA’, while the mark ‘ROOH AFZA’ was adopted by the
Plaintiffs in 1907, the group alleged. 

Therefore, the grievance that arose was that the plaintiffs found
their product being sold on Amazon (an intermediary) by Golden
leaf, which was made in Pakistan, which was an “utter shock” to
the rightful owners.  In furtherance of the same, it was
submitted that the practice did not comply with the legal
requirements of the Legal Metrology Act, 2009, the Legal
Metrology (Packaged Commodities) Rules, 2011, and the Food
Safety and Standards Act, 2006 which governs such products.

Counsel appearing for Amazon had submitted on September 5

that if the URLs of the infringing listings are furnished to him,
the same shall be taken down

While on November 11, Counsel appearing for Humdard

Dawakhana submitted that since all the details of the sellers
have been received and all the infringing listings have been
taken down, the reliefs sought in the present plaint stand
satisfied.

Therefore, after considering the submissions made and the

facts put forth, the Court held that the suit shall stand decreed
in terms of paragraph 38(a) of the Plaint against Defendant No.2
(Golden Leaf), where permanent injunction was sought in the
prayer.

Case Title: HAMDARD NATIONAL FOUNDATION (INDIA) &

ANR.vs. AMAZON INDIA LIMITED & ANR.

 Download and read judgement here

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11/16/22, 9:11 AM LawBeat | Delhi HC passes permanent injunction in Humdard Dawakhana’s favour; Amazon prohibited from selling Pakistani Roof Afza

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