The Delhi High Court has restrained Amazon India from selling Pakistan-made Rooh Afza while hearing a trademark infringement suit.
The Hamdard National Foundation and Hamdard Laboratories India (Hamdard Dawakhana) had moved an application before the high court, requesting it restrain Amazon India from selling Pakistan-manufactured Rooh Afza on its platform.
Counsel of Hamdard Dawakhana argued that the Pakistan-manufactured Rooh Afza does not even comply with the provisions of the Legal Metrology Act, 2009, the Legal Metrology (Packaged Commodities) Rules, 2011, and the Food Safety and Standards Act, 2006.
After hearing the arguments, the high court passed a permanent injunction in favour of Hamdard National Foundation (India).
"Considering the submissions made and the facts recorded above, the suit shall stand decreed in terms of paragraph 38(a) of the plaint (an order for permanent injunction restraining) against Defendant No.2 as also the sellers mentioned above.
"It means the products that has similar name or the one manufactured in Pakistan cannot be sold on Amazon in India," it said.
Also noting that Rooh Afza was being sold in India for over a century, the court also asked Amazon India to remove other products made in Pakistan.
As per the suit, Rooh Afza was being sold on Amazon but the seller was not revealing their details. The court, hearing this part of the argument, noted that Amazon has an obligation to disclose the names of seller.
Hakim Hafiz Abdul Majeed introduced Rooh Afza but after Partition, it was being sold in both the countries. While Majeed's elder son stayed in India, his other son decided to migrate and went to Pakistan and started Hamdard Laboratories (Waqf) there.
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