By – Nidhi Tandon
Patanjali Ayurved Ltd. (Patanjali) can use the trademark “Coronil” for its immunity-boosting products released during the COVID-19 pandemic. The Supreme Court refused to entertain Arudra Engineering’s (“Arudra”) appeal against the Madras High Court Division Bench order that had stayed a Single Judge order restraining Patanjali from using the trademark ‘Coronil’.
A Single Judge of the Madras High Court had earlier restrained Patanjali from using the trademark “Coronil” in relation to its products being marketed as immunity boosters (Read here: https://www.advayalegal.com/blog/no-relief-for-patanjali-from-using-coronil/). Arudra is the registered proprietor of the marks Coronil-92 B and Coronil-213 SPL with respect to acid inhibitors for industrial cleaning preparations falling in Class 1 since June 1993. The Single Judge held that Patanjali was infringing upon Arudra’s rights in the trademark and imposed a cost of one million rupees on Patanjali and DivyaYogTrust for exploiting the fear among the general public in respect of Corona virus by projecting a cure for the same.
Patanjali managed to obtain a stay order from the Divison Bench of the High Court arguing that ‘coronil’ is a generic term derived from corona virus and used by nearly 191 companies currently. Also, the vast difference between their product and Arudra’s ensures that there is no likelihood of confusion between them.
Arudra then moved the Supreme Court against the stay order. However, the Supreme Court dismissed the appeal on the basis that the case pertained to a trademark dispute and not related to the merits of branding or the efficacy of the formulation of products sold under the name “Coronil”.