Hatsun Agro Product Ltd v. Patanjali Biscuits Pvt Ltd and Patanjali Ayurved Ltd

78925843

Hatsun Agro Product Ltd's appeal against the dismissal of its suit for trademark infringement and passing off by Patanjali Biscuits Pvt Ltd was dismissed by the Madras High Court. The court held that the trademarks 'Arogya' and 'Patanjali Aarogya' are not similar and that the respondents are protected under Section 28(3) of the Trade Marks Act. The court also found that the goods marketed by the appellant and the respondents are different and that the respondents' trademark is prefixed with the word 'Patanjali'.

Jurisdiction
India
Court / Office
Madras High Court
Case Number
78925843
Judge(s)
P.Velmurugan

Detailed Summary

[Cites

11

, Cited by

0

]

Madras High Court

Hatsun Agro Product Ltd vs Patanjali Biscuits Pvt Ltd on 21 April, 2026

Author:

P.Velmurugan

Bench:

P.Velmurugan

OSA No.263 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 07-04-2026

DATE OF DECISION : 21-04-2026

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN

AND

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN

THILAKAVADI

OSA No.263 of 2020

Hatsun Agro Product Ltd.,

Having registered office at

No.1/20-A, Rajiv Gandhi Salai (OMR)

Karapakkam, Chennai-600 097

And also carrying on its business at

Old No.AD-83/New No.AD13

Anna Nagar, Opp. IOB Towers Branch

Chennai-600 040

Represented by its Authorised Signatory

Appellant

Vs

1. M/s.Patanjali Biscuits Pvt. Ltd.,

Continental Chambers, 5th Floor

15A, Hemantha Basu Sarani

Kolkatta-700 001

2. M/s Patanjali Ayurved Ltd.,

Plot No.209, Bhalawa Village

Opposite Jaiangir Puri

G.T.Karnal Road, Delhi-33

Respondents

Memorandum of Grounds of Original Side Appeal filed under Order

XXXVI, Rule 1 of Original Side Rules read with Clause 15 of Letters Patent, to

1

https://www.mhc.tn.gov.in/judis

OSA No.263 of 2020

set aside the judgment and decree dated 07.02.2020 passed by the Hon’ble

Court in Application No.2920 of 2019 in C.S.No.33 of 2019.

For Appellant: Mr.N.Surya Senthil and

Mr.Shubham M.George

for M/s.Surana and Surana

For Respondents: Mr.P.Giridharan for R1 & R2

JUDGMENT

P.Velmurugan J.

This original side appeal has been directed against the judgment and

decree passed by the learned single Judge in Application No.2920 of 2019 in

C.S.No.33 of 2019 dated 07.02.2020, in and by which the suit filed by the

plaintiff for infringement and passing off of its registered trade mark “Arogya”

by the defendants and causing damage to the goodwill and reputation earned by

the plaintiff, has been dismissed summarily with costs.

2. The appellant herein, being the plaintiff, filed the suit for infringement

and passing off of its registered trade mark “AROKYA” by the defendants and

causing damage to the goodwill and reputation earned by the plaintiff stating

that the plaintiff is India’s one of the largest Private sector in the dairy products

and it has established dairies at various places in South India with state of art

facilities meeting the high norms of hygiene and health. Besides milk, the

plaintiff is also engaged in manufacturing other dairy products like ice creams,

dairy whitener, skimmed milk powder AGMARK certified ghee, butter, cooking

2

https://www.m

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Madras High Court. Understanding the court's reasoning in Hatsun Agro Product Ltd vs Patanjali Biscuits Pvt Ltd and Patanjali Ayurved Ltd is valuable context for structuring arguments or assessing risk in similar proceedings.

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