Himalaya Drug (himalayawellness.com) claimed that the defendants are conducting fraudulent activities under the names such as "Himalaya Global Holdings Ltd." (Defendant No. 2), "Himalaya Pharmacy Pvt. Ltd." They are impersonating Himalaya Drug and communicating with the public via emails, pamphlets, WhatsApp, application forms, social media, etc., under the aforesaid names. The Defendants are offering distributorship of Himalaya Drug’s products, as well as offers to enroll as franchisees of the Himalaya Drug to the public, without any authorization from Himalaya Drug whatsoever. They are operating through rogue websites as such www.himalayapharmacy.in , www.himalayawelness.in , www.himalayafranchise.org.in , www.himalayadistributor.in , and www.masterfranchise.org.in, all of which conspicuously display the logo of the Himalaya Drug.
Therefore, the Court granted an ad-interim injunction in favour of Himalaya Drug. The Domain Name Registrars were directed to freeze the websites and domain names of Defendant Nos. 1 to 15. The banks where these rogue websites had their accounts were directed to not allow any withdrawals. The banks were also directed to file affidavits setting out the particulars of the aforesaid accounts including those of the accounts holders as well as those of persons who have introduced the accounts holders.
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Therefore, the Court granted an ad-interim injunction in favour of Himalaya Drug. The Domain Name Registrars were directed to freeze the websites and domain names of Defendant Nos. 1 to 15. The banks where these rogue websites had their accounts were directed to not allow any withdrawals. The banks were also directed to file affidavits setting out the particulars of the aforesaid accounts including those of the accounts holders as well as those of persons who have introduced the accounts holders.
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