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'Patanjali Chased Profits By Exploiting Fear', Says Madras HC, Imposes Rs 10 Lakh Fine
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India, 7 Aug 2020 8:04 AM GMT
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The court said that the company ‘chased profits by exploiting the fear and panic among the general public by ‘projecting their product as a cure for coronavirus, when actually it is an immunity booster for cold, cough and fever’.
Madras High Court has slapped Rs 10 lakh fine on Patanjali Ayurved Ltd for cases pertaining to the trademark 'CORONIL' and promoting the product as a medicine/cure for novel coronavirus.
In a 104-page order, the court observed that Patanjali and Divya Yog Mandir Trust repeatedly projected that they are a Rs 10,000 crore company.
While penalizing the company, the court said that Patanjali had 'chased profits by exploiting the fear and panic among the general public by 'projecting their product as a cure for coronavirus, when actually it is an immunity booster for cold, cough and fever'.
The order was given by the single judge bench of Justice CV Kartikeyan while hearing a suit filed by Arudra Engineers Private Limited - a firm based out of Chennai that claimed that 'CORONIL' is a trademark owned by them since 1993.
The company's registered trademark, called 'CORONIL-92 B', is an acid inhibitor product to clean heavy machinery and chemical preparations for industrial use.
The court said the company invited this litigation on themselves. If they had cross-checked with the Trademarks Registry, they would have know the name is a registered trademark.
"If they had, and had still, with audacity used the name 'Coronil', then they deserve no consideration at all. They cannot assume they can bulldoze their way and infringe a registered trademark. They must realize there is no equity in trade and commerce. If they had not done a check with the Registry, then they are at fault," the order as quoted by The News Minute.
Of the total fine, defendants have to pay Rs 5 lakh to the Adyar Cancer Institute and Rs 5 lakh to the Government Yoga and Naturopathy Medical College and Hospital by August 21, as 'both these organizations provided treatment free of cost, trade name, patent or design and only on the motto of service,' the court observed.
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