[This tidbit is co-authored with Sumedh Gadham. Sumedh is a second-year law student enrolled at the National University of Juridical Sciences (NUJS). He is interested in intellectual property, tech law, and policy. His previous posts can be accessed here.]
After being directed to deposit INR 50 lakhs, the Bombay High Court has reportedly imposed a hefty cost of INR 4 Crores on the company. As per the Livelaw’s report above, the Court, while disposing Mangalam Organics’ petition for contempt proceedings, observed that Patanjali misled the Court by filing false affidavits through its director. It noted that the case was fit to imprison Patanjali’s director but imposed heavy costs instead.
Previously, the Bombay High Court had directed the company to deposit INR 50 Lakhs for violating an injunction order that restrained Patanjali from selling camphor in packaging and trade dress that allegedly infringed Mangalam Organics’ trademark. Despite the injunction, Patanjali continued selling camphor and the impugned product remained available for purchase on the Patanjali website.
The Court noted that Patanjali’s flouting of the restraining order was a ‘wilful and deliberate breach’ and ordered it to deposit INR 4 crore within a two-week period. In a short span of just one month, this is the second order where different high courts have taken a strict stance towards filing of inaccurate (and at times even concocted) documents by the plaintiffs. Recently, on July 01, in another trademark infringement matter (M/S KG Marketing India v. M/S. Rashi Santosh Soni & Anr.), the Delhi High Court discovered that the plaintiff had fabricated evidence to establish their market presence. The Court rightfully adopted a stern approach towards this and directed the Registrar General of the High Court to take action within four weeks and lodge a complaint with the concerned Judicial Magistrate, while also imposing costs of INR 5 lakhs on the plaintiff, payable to the defendant in that case.