Bombay High Court Directs Patanjali Ayurved To Deposit Rs 50 Lakh For Breach Of Injunction Order In Trademark Infringement Case
The Bombay High Court has directed Patanjali Ayurved Ltd. to deposit Rs. 50,00,000 to the court as it violated an injunction/ad-interim order of the Court that had restrained the company from selling its camphor products, in relation to a trademark infringement case filed by Mangalam Organics Ltd.Mangalam Organics (applicant) had filed a commercial IPR suit against Patanjali Ayurved...
The Bombay High Court has directed Patanjali Ayurved Ltd. to deposit Rs. 50,00,000 to the court as it violated an injunction/ad-interim order of the Court that had restrained the company from selling its camphor products, in relation to a trademark infringement case filed by Mangalam Organics Ltd.
Mangalam Organics (applicant) had filed a commercial IPR suit against Patanjali Ayurved (defendant no. 1), claiming passing off and copyright infringement of their camphor products. Through an ad-interim order dated 30.08.2023, the High Court had restrained Patanjali from selling the camphor products. In the present application, the applicant claimed that Patanjali was in persistent breach of the ad-interim order.
In an affidavit dated 02.06.2024, Patanjali Ayurved issued an unconditional apology and an undertaking to abide by the orders of the Court. However, in the same affidavit, Rajneesh Mishra (defendant no. 10), Director of Patanjali Ayurved, admitted to breaching the ad-interim order. He stated that the camphor products worth Rs. 49,57,861 were sold after the injunction order.
Justice R.I. Chagla took note that Patanjali Ayurved has itself admitted that it has been supplying camphor products post the injunction order. The Court stated that there was an admission on part of the defendants regarding the breach of the injunction order “for which the Defendants would necessarily have to purge the contempt of the injunction order.”
The Court observed that camphor products were sold after 24.06.2024, including as recently as 08.07.2024. Further, Patanjali Ayurved's website still listed the camphor product for sale. It remarked “Such persistent breach of the injunction order dated 30th August 2023 by Defendant No. 1 cannot be tolerated by this Court.”
Thus, before passing an order on contempt of the injunction order, the High Court directed Defendant No.1 to deposit an amount of Rs. 50,00,000 to the Court.
“…it is appropriate to direct the Defendant No.1 prior to passing of order for contempt/breach of the injunction order to deposit in this Court, within a period of one week from the date of this order, a sum of Rs. 50,00,000/- (Rupees Fifty Lakh only) to the account of the Prothonotary & Senior Master of this Court.”
The Court listed the matter for further consideration on 19th July 2024.
Case Title: Mangalam Organics Ltd. v. Patanjali Ayurved Ltd. & Ors. (Interim Application (L) No. 4586 of 2024)