Delhi High Court restrains Healing Pharma over Himalaya trade dress

MUMBAI: In this packaging battle, the look of the label has landed in court. The Delhi High Court has restrained Healing Pharma India from manufacturing, selling, distributing or advertising products carrying trade dress that it found deceptively similar to products marketed by Himalaya Global Holdings.

Justice A. J. Bhambhani passed the ad-interim injunction on August 18 while hearing a commercial suit filed by Himalaya Global Holdings Ltd. and another against Healing Pharma India Private Limited and others.

At the centre of the dispute are Healing Pharma products sold as Liverheal, Liverheal 52, Liverheal DS, Senstone, Braintat, Spermax, Pilefine and Confidance X. Himalaya alleged that their names and visual presentation closely resembled those of its established products, including Liv.52, Cystone, Mentat, Speman, Pilex and Confido.

Himalaya argued that it had prior adoption and extensive use of distinctive trade dress across its products, including their colour combinations, packaging style and artistic layout. It alleged that Healing Pharma had reproduced these elements alongside similar-sounding product names, amounting to trademark and copyright infringement as well as passing off.

The Court found the similarities significant enough to potentially confuse an ordinary consumer of average intelligence and imperfect recollection. It consequently held that Himalaya had established a prima facie case in its favour.

The Bench also found that the balance of convenience favoured Himalaya and that denying interim protection could result in irreparable loss and injury. The injunction consequently covers the manufacture, sale, distribution and advertising of the disputed products bearing the impugned trade dress.

During the proceedings, Healing Pharma told the Court that it had discontinued Liverheal 52 from November 10, 2025, and was marketing the product only as Liverheal.

The company also expressed willingness to explore an amicable settlement through mediation, a proposal accepted by Himalaya. The parties have since been referred to the Delhi High Court Mediation and Conciliation Centre and directed to appear before it on August 24, 2026.

The mediation has been directed to conclude within three weeks, while the matter is next listed before the Court on September 30, 2026, subject to the outcome of the mediation.

For now, the order puts the disputed packaging and product presentation on hold, leaving the parties to work out whether the branding battle can be settled before it returns to the courtroom.