The Madras High Court on Thursday came down heavily on Patanjali Ayurved for attempting to make profit by exploiting the prevailing fear among the people about COVID-19. It also directed the company to pay costs of ₹10 lakh, divided in equal proportions, to the Adyar Cancer Institute and Government Yoga and Naturopathy Hospital in Chennai.
Justice C.V. Karthikeyan passed the order while dismissing an application filed by Patanjali to vacate an interim injunction granted on July 17 restraining it from using the term ‘Coronil’ for tablets which were initially projected as a cure to COVID-19 but later marketed as immunity boosters against cough, cold and fever.
The judge agreed with senior counsel P.R. Raman, representing Chennai-based industrial equipment cleaning company Arudra Engineers Private Limited, that Patanjali was not entitled to use the trademark Coronil since it had been registered by the plaintiff company long back for marketing chemicals manufactured by it.
Justice Karthikeyan made the injunction absolute and said: “The defendants (Patanjalai Ayurved and Divya Yog Mandir Trust) have repeatedly projected that they are a ₹10,000 crore company. However, they are still chasing further profits by exploiting the fear and panic among the general public by projecting a cure for Coronavirus.
“Actually, their ‘Coronil tablet’ is not a cure but rather an immunity booster for cough, cold and fever. The defendants must realise that there are organisations which are helping people in this critical period without seeking recognition and it would only be appropriate that they are made to pay costs to them.
“Accordingly, I hold that costs of ₹5 lakh is to be paid jointly by the defendants to the Dean, Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and further ₹5 lakh is to be paid jointly by the defendants to the Dean, Government Yoga and Naturopathy Medical College Hospital, Arumbakkam, Chennai.
“In both the organisations, treatments are afforded free of cost without any claim to either trademark, trade name, patent or design but only with service as a moto. Costs to be paid on or before August 21, 2020 and a memo in this regard should be filed before the Registry, High Court of Madras, on or before August 25, 2020.”