Our Associate, Alvin Antony discusses "Everyone wants
to be a YOGI!"
The word 'YOGI' has caught the attention of people from
time to time. More often than not, parties who wish to provide an
'ayurvedic' outlook to their products tend to adopt the
mark "YOGI" in some or other manner. Recently, Bombay
High Court, in Yogi Ayurvedic Products Pvt. Ltd v. The Yogi
& Ors. IP SUIT (L) No. 1604/2021, granted an
ad-interim injunction against the defendant, The Yogi and
Ors., restraining it from using the mark THE YOGI on and in
relation to ayurvedic and herbal preparations.
The plaintiff, Yogi Ayurvedic Products Pvt. Ltd, relied on its
statutory rights in the YOGI-formative marks in various classes,
including, Classes 3 and 5. The Court noted that the expression
YOGI was the essential, prominent, central, leading, and memorable
feature of the plaintiff's YOGI-formative marks. In a bid to
assert its common law rights, goodwill and reputation in the
YOGI-formative marks, the
