New Delhi, May 17 The Supreme Court on Wednesday declined to entertain a plea against the Delhi High Court order, which restrained the manufacture and sale of 'Sharbat Dil Afza', a sweet beverage concentrate, during the pendency of the lawsuit of Hamdard Dawakhana, which sells 'Rooh Afza', for alleged trademark infringement.
A bench headed by Chief Justice D.Y. Chandrachud said Rooh Afza is a well-established brand and declined to interfere with the high court passed in December last year.
The bench, also comprising Justices P.S. Narasimha and J.B. Pardiwala, told the petitioner's counsel that they started selling drinks with a similar-sounding name as it dismissed the petition.
The high court had observed that prima facie, 'Rooh Afza' served as the source identifier for Hamdard for over a century. It had pointed out that Rooh Afza had acquired immense goodwill and it was essential to ensure that the competitors keep a safe distance from the mark.
The high court had restrained the manufacture and sale of 'Dil Afza' after Hamdard Dawakhana had alleged trademark infringement and observed that both products have the same deep red colour and the structure of the bottles is not materially different.
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