SC Refuses To Entertain Plea Against Stay On Order Restraining Patanjali Ayurved From Using ‘Coronil’ Trademark

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

Supreme Court on this Thursday refuses to entertain plea against the order of division bench of Madras HC which stayed the single bench direction restraining Patanjali Ayurved from using the word ‘Coronil’. The said petition was filed by Arudra Engineers.

The concerned firm has stated that ‘Coronil’ is a trademark owned by it since 1993. The company’s registered trademark, called ‘CORONIL-92 B’, is an acid inhibitor product to clean heavy machinery and chemical preparations for industrial use.

The petitioner has set upon an order passed by the Division Bench of Madras HC which had issued an interim stay on the single bench order restraining Patanjali Ayurved and the Divya Yog Mandir Trust from using the word ‘CORONIL’ in relation to its immunity boosting products.

However, a bench comprising of CJI SA Bobde, Justices AS Bopanna & V. Ramasubramaniun, allowed the petitioners(s) to withdraw the plea with the liberty to pursue the case in before Madras high Court. The court was informed that the case has been listed on September 3 for consideration.

Further CJI SA Bobde has pointed out that “if we prevent the use of the word ‘coronil’ on the ground that there is some pesticide on its name, it will be terrible for the first product”. Earlier, a bench of High Court comprising Justices R Subbiah & C Saravanan passed the order on an appeal moved by Patanjali and the Divya Yog Mandir Trust. Although, on August 6, a single bench of Justice CV Karthikeyan passed an absolute injunction order, restraining it from using the trademark ‘Coronil’, after observing that Patanjali was exploiting public fear by projecting that they could cure COVID-19.

Devika Paliwal
I am Devika Paliwal, student of BBA LLB (Hons.) spz. in Banking and Finance at University of Petroleum and energy Studies, Dehradun. I have gained experience by interning at various places such as Law firms, High court, RERA Court, etc. Being a law student my area of interest lies in Banking laws, Criminal laws, Corporate laws. I'm an inquisitive person and always like to brush up my skills by reading more and more. Apart from indulging in academics, I'm really fond of cooking delicacy food.