'Patanjali Ayurved Exploiting Public Fear By Projecting They Could Cure COVID-19': Madras HC Restrains Usage Of Word 'Coronil'

"It must be kept in mind, that there is no cure for Coronavirus anywhere in the world as on date. People are dying. In these tragic times, the defendants seek to make money, money, money. They seek to exploit the fear among the people by projecting that they could cure Coronavirus. There is no cause much less due cause, and much less just cause to permit the defendants from using the word 'Coronil'." In a huge set back to Baba Ramdev's Patanjali Ayurved, the Madras High Court on Thursday passed an absolute injunction order, restraining it from using the trademark 'Coronil'. The single-Bench of Justice CV Karthikeyan has made his previous order, temporarily restraining the company from using the trademark, absolute after finding a prima facie case in favour of a Chennai based private company Arudra Engineering (Plaintiff), claiming rights over the mark. "In the instant case, the defendants have directly infringed upon the very word 'Coronil' used by the plaintiff. As stated above, there is no evidence that it is a cure for Coronavirus. Then most certainly coinage of the term 'Coronil' by the defendants is without due cause and in fact that intention to mislead the general public. They can always market the products, but they should be honest and declare that it is not a direct cure for Coronavirus, but rather an immunity booster. Usage of the word 'Coronil' and usage of the common pictorial image of Coronavirus are to put it very mildly, misleading and cannot be permitted and is therefore prohibited," Justice Karthikeyan held in an order running over a hundred pages. The Court has also imposed a cost of Rs. 5,00,000/-, to be paid jointly by Pathanjali Ayurved Limited and Divya Yog Mandir Trust (Defendants), to the Dean, Adyar Cancer Institute and further Rs.5,00,000/- to be paid to the Dean, Government Yoga and Naturopathy Medical College & Hospital, Arumbakkam. The stern view was taken by the Court after it noted that the companies "invited this litigation on themselves" in pursuit of further profits. "The defendants have invited this litigation on themselves. A simple check with the Trade Marks Registry would have revealed that 'Coronil' is a registered trademark. If they had, and had still, with audacity used the name 'Coronil', then they deserve no consideration at all. They cannot assume they can bulldoze their way and infringe a registered trademark. They must realise there is no equity in trade and commerce. If they had not done a check with the Registry, then they are at fault. They cannot plead ignorance and innocence and seek indulgence from this Court. Either way, indulgence is refused," the bench admonished the defendants. Last month, the High Court had restrained Patanjali Ayurveda from using the trademark 'Coronil'- the controversial drug that the company initially claimed to be a cure for the deadly Corona virus. The injunction order was passed after the plaintiff company contended that 'CORONIL-92 B' was its registered trademark since 1993 for "Acid inhibitor for industrial cleaning" used as chemical preparations in industries. Senior Advocate PR Raman appearing for the plaintiff had submitted that protection has to be granted whenever a registered trademark is infringed by a person who is not a registered proprietor and uses in the course of his trade a mark identical to the trademark already registered, irrespective of the fact, whether the business is similar or not, under Section 29(4)(b) of the Trademarks Act, 1999. Accordingly, the single Judge had granted temporary injunction in favour of the Plaintiff-company till July 30, 2020. While hearing the defendants' pleas for the vacation of this injunction order, the High Court pulled up the defendants for "exploiting" the fear and panic among the general public by projecting a cure for the Coronavirus. "'Coronil Tablet' is not a cure but rather an immunity booster for cough, cold and fever. The defendants must realize that there are organisations which are helping the people in this critical period without seeking recognition and it would only be appropriate that they are made to pay costs to them," the bench observed. This escapade of the Defendants prompted the court to impose a cost of Rs. 10,00,000/- in toto. Coming to the legal aspect of the matter, the Court held that under Section 29(4) of the Trade Marks Act, 1999, protection is granted even when the offending mark is used for a different class of goods. This was after Patanjali Ayurveda strongly contended that there is no similarity between the Coronil tablet sold by Divya Pharmacy and the chemical products sold by the plaintiff. "The only pre-condition is that the plaintiff's mark should have a "reputation in India". … The plaintiff has established a prima facie reputation in India among the heavy industries where chemical agents are used to treat and prevent corrosion....

'Patanjali Ayurved Exploiting Public Fear By Projecting They Could Cure COVID-19': Madras HC Restrains Usage Of Word 'Coronil'

Akshita Saxena

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