Himalaya Global Holdings Ltd. & Anr. v. Himcure Pharmaceuticals Private Limited
Case brief
What is this about?
Consent disposal of trade mark infringement suit; Undertaking-cum-Affidavit dated 19.11.2025 by Defendant's Director; cessation of use of Impugned Marks; online takedown within two weeks (website and social media); change in manner of use and complete cessation within four weeks on all products; surrender of Impugned Marks and introduction of new mark; 'Liv.52' well-known trade mark declaration deferred to appropriate case; refund of 100% court fees under Section 16 of the Court Fees Act, 1870; liability to pay entire court fees on future enforcement of Settlement Agreement / Decree; pending I.As. 28370-28373/2025 disposed; Delhi High Court; CS(COMM) 1225/2025; Himalaya Global Holdings Ltd & Anr. v. Himcure Pharmaceuticals Private Limited; Justice Tejas Karia; order dated 26.11.2025.
What did the court decide?
Suit decreed and disposed of in terms of the Defendant's Undertaking-cum-Affidavit and the Court's directions: Defendant to stop using the Impugned Marks on all online platforms (own website and social media) within two weeks; to effect the change in manner of use of the trade mark and completely cease using the Impugned Marks altogether within four weeks on all products; and to surrender the Impugned Marks and introduce a new mark. Parties bound by the directions; Decree Sheet to be drawn. Declaration of 'Liv.52' as a well-known trade mark left to be considered in an appropriate case. Certificate for refund of 100% of Court Fees to Plaintiffs under Section 16 of the Court Fees Act, 1870, subject to liability to pay the entire court fees if enforcement of the Settlement Agreement / Decree is later sought. All pending applications disposed of.