Karnataka HC bars Aditya Birla Fashion to sell sanitary product patented by Yashram Brands

In a significant development, the Karnataka High Court has granted an absolute, ex-parte temporary injunction directing Aditya Birla Fashion and Retail Limited (defendant) from further manufacturing and selling sanitary undergarments, used by women during the menstrual cycle, patented by the plaintiff namely Yashram Lifestyle. The Karnataka HC stated that the alleged patent infringement 'causes hardship to the plaintiffs' who have invented the product in concern. 

Justice HP Sandesh, while pronouncing that balance of convenience is in favour of Yashram, the plaintiff in the matter, said, "The plaintiff has made out a prima facie case and there is a balance of convenience, lies in their favour and if the infringement is not prevented, it causes hardship to the plaintiffs, since the plaintiffs invented the said product and brought the  same into the market making a huge investment and plaintiffs have not given authorisation to the defendant to similarly place the period panty in the market," 

Not granting temporary injunction would amount to 'cause hardship to plaintiffs': HC

The Karnataka HC granted an ad-interim temporary injunction and the one made earlier was made absolute and added that if the temporary injunction was granted, it will cause no hardship to the defendant however not conferring the same would amount to causing hardship to the plaintiffs. 

"I am of the opinion that the plaintiffs have made out a case to grant the temporary injunction and ad-interim temporary injunction is already granted and the same is in force, hence this Court only has to make it as absolute instead of vacating the ad-interim temporary injunction granted in favour of the plaintiffs. The application filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC is allowed and the temporary injunction granted earlier is made as absolute," the Court has ordered. 

"If a temporary injunction is granted, it will not cause any hardship to the defendant or otherwise it amounts to cause hardship to the plaintiffs and the balance of convenience is in favour of the plaintiffs," the Court added. 

Facts of case:

Yashram, the plaintiff in the case, had approached the Court submitting that its patent on a sanitary undergarment under the names 'Cotton Sensation Stay Dry Period Panty' and 'Period Panty' was being infringed by Aditya Birla Fashion and Retail Ltd. The Karnataka HC was informed of the plaintiff's case that Aditya Birla Fashion and Retail Limited had been selling certain products by using an identical mark and claiming similar features as manufactured by Yashram Lifestyle.

Rebutting the allegations, the defendant submitted that the product sold by them is a distinct product from the plaintiffs' patent and there exists no case of infringement. Aditya Birla Fashion and Retail Limited have been selling the product since 2018, however, the patent was granted on February 16, 2019. While seeking the temporary injunction, the plaintiffs are required to establish a prima facie case and strike a balance of convenience. In the case at hand, the defendant submitted that the balance of convenience lies in their favour as losing the right to sale would eliminate their market share. However, the Court held that since both products were similar and if the defendants were allowed to market, it would cause hardship to the plaintiff's case.

In relation to the aforementioned submissions, the Court said that the balance of convenience lies in favour of the plaintiffs as they sought a patent with similar specification in sanitary underwear in the year 2009 itself.