Anand and Anand defends Rooh Afza mark

Anand and Anand defends Rooh Afza mark

Anand and Anand advised the Hamdard group of companies, which owns the well-known beverage concentrate Sharbat Rooh Afza, in its successful appeal against Sadar Laboratories for the use of its trademark Sharbat Dil Afza.

The Anand and Anand team consisted of managing partner Pravin Anand, partners Dhruv Anand and Udita Patro, as well as associates Sampurnaa Sanyal and Nimrat Singh.

The division bench of the Delhi High Court restrained the sale and manufacture of the sweet beverage concentrate Sharbat Dil Afza by Sadar Laboratories pending completion of the lawsuit.

The division bench determined that the word Afza was a significant component of Hamdard’s trademark, and the same was not in any manner descriptive of sharbats or any of its any attributes. It observed that since both the competing composite marks end with the Afza mark, there would be an element of similarity to them.

It also found that both companies’ products were similar in shape, design, placement of trademarks and labels, which contributed to its overall commercial impression.

Further, the bench found that the mental impact of the trademarks was similar, despite the meaning not being identical, as rooh and dil were commonly used in conjunction and translated to soul and heart, respectively, in English.

Lastly, the bench held that Rooh Afza was a more well-known trademark, which requires higher protection, while the product in question was a consumable item at a lower price. The attention of consumers on the appearance of the product would be cursory.