Delhi High Court Restrains Healing Pharma From Using Trade Dress Similar To Himalaya Products

The Delhi High Court on 18 August granted an ad-interim injunction restraining Healing Pharma India Private Limited from using packaging and trade dress deceptively similar to Himalaya's Liv.52, Cystone, Mentat, Speman, Pilex and Confido products.

Justice A. J. Bhambhani passed the order while hearing a commercial suit filed by Himalaya Global Holdings Ltd over products sold under the names 'Liverheal', 'Liverheal 52', 'Liverheal DS', 'Senstone', 'Braintat', 'Spermax', 'Pilefine' and 'Confidance X'. The Bench observed:

“the name, packaging, and colour combination of the defendants' products correspond so closely to the plaintiffs' products that an ordinary person, of average intelligence, and imperfect recollection is likely to be mislead into confusing one product for the other.”

Himalaya claimed prior adoption and extensive use of the distinctive trade dress associated with its products, including the specific colour combination, packaging style and artistic layout used across its Liv.52, Cystone, Mentat, Speman, Pilex and Confido range. It alleged that Healing Pharma had copied the trade dress across a set of similarly named products, resulting in trademark and copyright infringement as well as passing off.

The Court, independent of the submissions made by counsel, found that the plaintiffs had made out a prima facie case. It further held that “the plaintiffs have succeeded in making-out a prima-facie case in its favour,”

Moreover, the Bench found that “the balance of convenience also lies in favour of the plaintiffs” and held that “irreparable loss and injury would be caused to the plaintiffs if the interim injunction as prayed-for is not granted.”

Accordingly, the High Court restrained the defendants from manufacturing, selling, distributing or advertising the impugned goods bearing the disputed trade dress.

During the hearing, counsel for Healing Pharma informed the Court that Healing Pharma had discontinued its product 'Liverheal 52' with effect from 10 November 2025 and was now marketing the product only as 'Liverheal'. It also expressed willingness to explore an amicable settlement through mediation, to which Himalaya concurred.

Therefore, the High Court referred the parties to the Delhi High Court Mediation and Conciliation Centre and directed them to appear before it on 24 August 2026. The mediation is to be concluded within three weeks.

The matter is listed for further hearing on 30 September 2026, pending the outcome of the mediation.