| Besides, it has also restrained the defendant from passing off its website https://bsmedia.business-standard.comayurveda.virtualave.net as that of the medicinal company's by including its trademark "the Himalaya Drug Co" or any other deceptively similar trademark. |
| While granting an ex parte decree, Justice Badar Durrez Ahmed said Himalaya Drug Company was entitled to damages of Rs 15 lakh, including both compensatory and punitive damages, along with interest at 9 per cent per annum from the date of the decree till the date of payment. The court also awarded costs to the plaintiff. |
| The ayurvedic medicine manufacturer had sought permanent injunction restraining the infringement of its copyright and passing off, besides claiming damages of Rs 15 lakh. |
| According to the Himalaya Drug, the website http://ayurveda.virtualave.net had reproduced its entire herbal data verbatim and a comparison of the two websites revealed that the defendant had not only copied the preliminary information of each herb but also its detailed monograph. |
| The www.thehimalayadrugco.com website contained various features and write-ups on ayurveda, animal health, herbs and minerals, etc. besides comprehensive information on its wide database of over 209 medicinal herbs selected from 40,000 herbs, Himalya Drug counsels Praveen Anand and Sagar Chandra had contended. |
| According to the company, it is the owner of the herbal database, including the write-ups, layout, placement of details, getup and "trade dress". |
| The defendant had not only misappropriated the efforts, skill and time but also the substantial investment that had gone into creation of the said database, it stated. |
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