Bombay High Court Summons Patanjali Director In Trademark Infringement Case

The Bombay High Court has directed Patanjali Ayurveda director Rajnish Mishra to appear before it in connection with trademark infringement case filed by Mangalam Organics alleging that Patanjali infringed on packaging and trade dress of its camphor product.

Justice RI Chagla was dealing with a contempt application by Mangalam Organics Ltd. against Patanjali Ayurved Ltd. and others for alleged breach of an ad-interim order dated August 30, 2023.

Mangalam Organics Ltd. filed the original commercial IP suit along with an interim application against Patanjali Ayurved Ltd., alleging passing off and copyright infringement. The plaintiff contended that Patanjali's camphor product mimicked their own camphor product's cone shaped, non-woven fabric draped packaging/trade dress, leading to consumer confusion. The court had initially granted ex-parte ad interim reliefs on August 30, 2023, restraining the defendants from manufacturing or selling the impugned product and appointing a court receiver to enforce this order.

The plaintiff claimed that despite being served with the ad interim order, the defendant was still selling the impugned product at Patanjali Mega Store in Virar. It claimed that the product is continued to be sold and also available online. Thus, it filed the present application for contempt of court under Order XXXIX Rule 2(A) of CPC.

Advocate Hiren Kamod for the applicant/plaintiff, Mangalam Organics Ltd., submitted that the defendants were in continuous breach of the ad-interim order. He referred to additional affidavits filed on March 13, 2024, and April 30, 2024, which included annexures demonstrating the manufacture and sale of the impugned product "Patanjali Aastha Kapoor Cone" at the Patanjali Mega Store in Virar. The affidavits cited invoices from March 10, 2024, to April 28, 2024, and the product's manufacturing date of March 2024 as evidence of this breach.

Senior Advocate Zal Andhyarujina for the defendant submitted a reply affidavit =by Rajnish Mishra, the director of the Defendant. In the affidavit, Mishra asserted that no product had been sold post the court order except inadvertently by the Virar Mega Store. The affidavit apologized unconditionally for this breach, stating it was unintentional and that steps were taken to halt further sales immediately.

Kamod argued that the defendants' affidavit was false and contrary to the material evidence presented. He maintained that the defendants were in wilful breach of the court's orders and requested that the directors of Defendant, along with Rajnish Mishra, be present at the next hearing to address the persistent breaches.

The court directed the defendants to file a detailed affidavit responding to the additional affidavits and to once again tender an unconditional apology within one week. The plaintiffs were granted liberty to file an affidavit in rejoinder within one week thereafter.

Additionally, the court ordered Rajnish Mishra to be present at the next hearing. The court further directed the defendants to provide a comprehensive affidavit detailing any further sales of the impugned camphor product post the order dated August 30, 2023. The ad-interim order was extended until the next hearing date set for July 8, 2024.

Case no. – Interim Application (L) No. 4586 of 2024

Case Title – Mangalam Organics Ltd. v. Patanjali Ayurved Ltd. & Ors.

Click Here To Read/Download Order