Delhi High Court Restrains Healing Pharma Over Himalaya Trade Dress

The Delhi High Court granted ad-interim protection to Himalaya Global Holdings Ltd. on August 28, finding prima facie likelihood of consumer confusion from Healing Pharma's trade dress. The order restrains the defendant from manufacturing, selling, or dealing in goods bearing packaging that mimics Himalaya's distinctive get-up, including color schemes, layout, and design elements. The court noted the resemblance could lead purchasers to believe the products originate from or are associated with Himalaya. Himalaya had argued its long-established trade dress enjoys recognition in the Indian market for pharmaceuticals and wellness products. Healing Pharma's products were said to replicate key visual features without authorization. The injunction remains in force pending further hearings. This decision follows standard Indian trademark practice emphasizing protection of overall appearance where secondary meaning has been established.