On 25th January 2024, Thursday, the Supreme Court declined to entertain Wipro Enterprises’ appeal challenging a Delhi High Court interim order. The order restrained Wipro from using the ‘Evecare’ trademark for its intimate hygiene wash or any other product, as part of a trademark infringement suit filed by Himalaya Wellness Company.
In 2022, Himalaya discovered that Wipro had obtained registration for the ‘Evecare’ trademark in 2020, categorizing it as “proposed to be used” for cosmetic products. Following Wipro’s refusal to comply with a cease-and-desist notice, Himalaya initiated a trademark infringement suit, seeking to restrain Wipro from manufacturing and selling products under the ‘EVECARE’ trademark until the lawsuit concludes.
The High Court acknowledged Himalaya’s 24 years of trademark usage, leading to the “prima facie” acquisition of goodwill and reputation in the mark ‘EVECARE.’ Consequently, Wipro was restrained from using the mark. The High Court also observed that Wipro’s product under the same name was introduced around August 2021.
