The Supreme Court declined to hear an appeal by Wipro Enterprises challenging a Delhi High Court interim order in the ‘Evecare’ trademark case. The interim order had restrained Wipro from using the ‘Evecare’ trademark for its intimate hygiene wash for women or any other product, following a trademark infringement suit filed by Himalaya Wellness Company.
Background of the Case: Himalaya Wellness Company learned in 2022 that Wipro had obtained registration for the ‘Evecare’ trademark in 2020, intended for cosmetic products. When Wipro refused to comply with Himalaya’s cease-and-desist notice, Himalaya filed a trademark infringement suit in the Delhi High Court, seeking to prevent Wipro from manufacturing and selling products under the ‘Evecare’ trademark until the lawsuit’s final resolution.
High Court’s Observations: The Delhi High Court, considering Himalaya’s 24 years of usage of the ‘Evecare’ trademark, noted the acquisition of goodwill and reputation in the mark. The court, on a prima facie basis, restrained Wipro from using the mark. Notably, Wipro’s product bearing the same name was launched only around August 2021.
Implications of the Decision: The refusal by the Supreme Court to entertain Wipro’s appeal indicates the significance of protecting established trademarks and the weight given to Himalaya’s long-standing usage and reputation associated with the ‘Evecare’ mark. This decision underscores the importance of safeguarding intellectual property rights and ensuring fair competition in the market.
