Rooh Afza :The Supreme Court on May 17 2023, rejected a plea by Dil Afzah, a sharbat brand, which challenged a Delhi High Court’s order favouring Rooh Afza. In its order, the Delhi High Court ruled that Dil Afzah’s packaging violated the trademark rights of Rooh Afza.
Rooh Afza vs Dil Afzah
Dil Afzah challenged this verdict and approached the Supreme Court for relief. However, after examining this trademark-related case minutely, a three-judge SC bench rejected Dil Afzah’s plea. This bench comprised Justices Chandrachud, Narsimha and Pardiwala.Before delivering its verdict, the bench looked at the bottles of both brands minutely and agreed that DilAfzah’s packaging closely resembled Rooh Afza. During the hearing, Dil Afzah’s lawyer argued that his client’s brand has been in the market for 50 years, and therefore has a reputation.
Opposing DilAfzah’s contention, Roof Afza said the former had a malafide intention while packaging its product; it was identical to RoohAfza’s. The SC bench agreed to RoohAfza and ruled in its favour.
‘Rooh Afza has an immense degree of goodwill’
The Delhi High Court in its order had said that Rooh Afza has an immense degree of goodwill acquired over a century. Furthermore, Rooh Afza’s trademark is its ‘source identifier’, which means the brand has a unique value.
Based on these facts, the High Court ordered Dil Afzah to stop infringing on Rooh Afza’s brand name and trademark.
History of RoohAfza
Rooh Afza’s history goes back to more than 100 years. This popular sharbat was invented in 1906 by Hakim Mohammad Kabiruddin. The same year, this concoction was introduced into the market by Hakim Hafiz Abdul Majeed. Over the years, Rooh Afza has evolved into a leading brand in its category and is a preferred drink at many weddings and parties.
Rooh Afza’s parent company is Ham dard Laboratories, and this drink is also sold and marketed in Pakistan and Bangladesh.
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