Hindustan Lever Ayush wins case against Three-N-Products
21 March 2003
New Delhi: Hindustan Lever's (HLL) healthcare brand Lever Ayush has been successful in getting the ex parte injunction obtained against them vacated.
The Ernakulam court district judge had passed an interim order of injunction restraining HLL from using the trademark 'Ayush'. The suit was filed by Three-N-Products (Pvt) Ltd for permanent prohibitory injunction, mandatory injunction and damages.
Three-N- Products (the petitioner) and HLL (the respondent) were heard extensively, after which the court ruled an order in favour of HLL. The order stated verbatim: “In this case, there are clear reasons for finding that the petitioner failed to establish a prima facie case. This court finds no reason to think that the damages if any likely to be suffered by the petitioner by refusal of temporary injunction could not be compensated in terms of money.“
The order also said: “…the balance of convenience lies in favour of the respondent because granting of temporary injunction would affect their exercise of prima facie lawful right accrued to them.“
Words such as 'natural,' 'herbal' and 'organic' are often associated with ayurvedic medicines that are not always tested and approved. An unsuspecting customer is not aware of the difference and may end up buying low quality products, which are passed out as ayurvedic products, says a company spokesman.
HLL, a company press release says, is perhaps the first company that has applied rigorous testing procedures of the pharmaceutical industry to its ayurvedic range of products. “The brand's seal, 'Truth of Ayurveda: Proof of Science' explains the proposition. These quality tests are crucial as they guarantee the safety and purity of the ayurvedic drug.“