SC says Rooh Afza has a well-established brand, upholds Delhi HC order restraining sale of Dil Afza
New Delhi, May 17: The Supreme Court on Wednesday dismissed a plea challenging the Delhi High Court order that restrained the manufacture and sale of sweet beverage concentrate 'Sharbat Dil Afza' during the pendency of a lawsuit by Hamdard Dawakhana which sells 'Rooh Afza' for alleged trademark infringement.
A bench headed by Chief Justice D Y Chandrachud refused to interfere with the high court order dated December 21, 2022.
"Rooh Afza has a well-established brand. You were selling some kind of medicine and suddenly you start drinks with similar-sounding names. We will not interfere. Dismissed," the bench, also comprising Justices PS Narasimha and JB Pardiwala, said.
The high court, in its order, had restrained the manufacture and sale of 'Dil Afza' after Hamdard Dawakhana had alleged trademark infringement.
It had said that prima facie, 'Rooh Afza' served as the source identifier for Hamdard for over a century and has acquired immense goodwill and it was essential to ensure that the competitors keep a safe distance from the mark.
The court's order came on an appeal by Hamdard against a single judge's order refusing to pass an interim order to restrain 'Dil Afza' manufacturer Sadar Laboratories (respondent) from allegedly indulging in trademark infringement.
The high court also noted that both the products have the "same deep red colour and texture" and the "structure of the bottles is not materially different" and thus opined that the "commercial impression of the impugned trademark is deceptively similar to the appellants' trademark".
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Police inspector suspended over 'involvement' in honour killing in Andhra's' Palnadu dt
Macherla (Andhra Pradesh) (PTI): A police inspector was suspended on Sunday over his alleged involvement in an alleged honour killing of a woman in a village under Macherla in Palnadu district, a senior police official said.
According to police, the woman, identified as Chowdeshwaramma, was in a relationship with Nagaraj, both belonging to the same community, and had eloped earlier.
"A police inspector was suspended following allegations of involvement in an honour killing case, including suspected monetary transactions with the victim's family," the official told PTI.
Police said the couple had approached the police station after eloping, where the woman's parents assured that they would conduct her marriage with Nagaraj, following which she returned home.
However, after a few days, when the family allegedly did not show interest in conducting the marriage, the woman expressed her intention to go back with the man again, he said.
Subsequently, she was found dead, with the family initially claiming that she died by hanging and filing a complaint accordingly.
The postmortem report later revealed that the woman was murdered by strangulation, contradicting the family's claim, police said.
Allegations later surfaced that the inspector had taken money from the woman's father and was involved in handing her back to the family earlier.
Based on these allegations and failure to take proper action in the case, the inspector was placed under suspension, said the official.
The woman's death is reported to have occurred on March 18, police said.
Meanwhile, police have registered a case under the Bharatiya Nagarik Suraksha Sanhita (BNSS), and relevant sections may be altered during the course of investigation, he added.
