Himalaya Drug Company (HDC) won the trademark infringement case from SBL Limited. SBL Limited is known to prepare homoeopathic preparations. The decision on this case was given by the Delhi High-court in which it ruled that SBL Ltd did infringed HDC’s trademark on LIV.52 by using the word LIV as a part of its trademark LIV-T. LIV.52 is Himalaya’s trademark registered with registration no. 180564 on 10th July, 1957 under the Trade Marks Act, 1940. Pharma major Himalaya will be relieved now as this 15 year long lawsuit came to an end with the decision in their favor.


Himalaya registered a trademark on LIV.52 on 10th July, 1957 for treatment of disorders of liver.

SBL brought its product LIV-T in market in 1996.

 On 15th July, 1997 Himalaya filed a case with Delhi High Court for injunction of LIV-T as it infringed their trademark of LIV.52
Himalaya had accused SBL that they launched their product with the same name as that of their product so that, they can sell their product on the goodwill earned by Himalaya’s product.
SBL in reply had stated that LIV is a generic term as it is used for a composition that has to be used for the treatment of disorders of liver.
SBL also said that LIV.52 is a homoeopathic preparation and LIV-T is an ayurvedic preparation; thus, there is no chance of confusion.

  On 3rd June, 2010, a single judge bench of Delhi Court had ruled in the favor of SBL Ltd ruling that SBL didn’t infringe on Himalaya’s trademark.


·         Court said that it found out that LIV is an essential feature of the trademark LIV.52 and marks are to be compared as whole.

·         Thus, court ruled that presence of mark ‘LIV’ in LIV-T will be considered as a trademark infringement.

·         The court set aside the single judge bench’s decision given in 2010 and ruled in the favor of Himalaya.

·         With the decision court restrained SBL Ltd from using the mark LIV as part of its trademark LIV-T while dealing with medical preparations.

·         Justice Singh granted six months to SBL Ltd to liquidate their existing stock of LIV-T.


An important decision that was being long waited by the pharma companies for long and making it clear that trademarks are indeed protected by the Indian law. Judges went deep into law books and gave their judgment fulfilling all of the queries of both the parties. This decision will be welcomed by the pharma companies and I don’t even think that if SBL Ltd goes into Supreme Court, than there will be any change of decision.