Baba Ramdev takes on Baba Karamveer over IP infringement

Published on 25 Jan 2018 by Tushar

Babas Ramdev is an icon. From selling chawanprash on a bicycle and teaching yoga to small groups of people in the late 1990s, Baba Ramdev now heads a multi-billion-dollar consumer goods empire.

Baba Karamveer was once a close associate. His association with Baba Ramdev can be traced back to the 1990s and early 200s when Baba Ramdev and Baba Karamveer organised a free yoga camp for local authorities in Haridwar which turned out to be a huge success at the time locally, kick starting their rise.

  • Baba Karamveer is the sole guiding force behind Kalpamrit Ayurved Private Limited. This is an unlisted private company incorporated on 02 August 2016.
  • Compared to the business giant that Patanjali has become Kalpamrit is a significantly smaller company based out of West Delhi, with 2 Directors.

Cannot make up the facts!

  1. Baba Ramdev’s Patanjali has decided to file Copyright and Trademark claims over Swamy Karamveers Kalpamrit Ayurved In the Delhi High Court. The Petitioner Patanjali has also succeeded in getting an interim Order by the High Court.
  2. Maharishi Patanjali Parivar is the parent company of Kalpamrit ayurved.
  3. Kalpamrit Ayurved words under ‘the direct inspiration and guidance’ of Baba Karamveer.
  4. Baba Karamveer is one of the founders of Divya Yoga Mandir and Patanjali Yoga Peeth and has been closely associated with Baba Ramdev.
  5. In the past, Baba Karamveer has charged Baba Ramdev with promoting nepotism in Divya Yoga Mandir and Patanjali Yoga Peeth.

What is the accusation

The following are the charges put by Patanjali on Kalpamrit Ayurved-

  1. Infringement of Trademark;
  2. Infringement of Copyright;
  3. dilution, rendition of accounts and damages;
  4. By launching products that are "deceptively similar" to Patanjali products in
    1. name,
    2. logo,         
    3. packaging.

Section 1(h) of the Trade Mark Act, 1999 defines Deceptively Similar as “A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to or cause confusion.

High Court Interm Order- In favour of Patanjali

The High Court on 16.01.2018 has passed an order restraining Kalpamrit Ayurved and its associates from using 'Patanjali' word or logo/artwork similar to those used by Patanjali till further order. 

This essentially means that Kalpamrit Ayurved has been using the word Patanjali along with its logo or packaging style etc in a way that, when placed side by side with Patanjali products, in the first glance may have been exhibited differences.  Yet the impact or the main idea left on the mind by both may be the same.

A person acquainted with one mark, and not having the two side by side for comparison, might well be deceived, if the goods were allowed to be impressed with the second mark, into a belief that he was dealing with goods which bore the same marks as that with which he was acquainted.

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