Liv-333 Violates Liv.52 Trademark, Delhi HC Slaps Rs 20 Lakh Damages on Rajasthan Aushdhalaya for Infringing Himalaya’s Brand

New Delhi: The Delhi High Court has upheld a commercial court’s judgment restraining Rajasthan Aushdhalaya Pvt Ltd from using “Liv-333” as a trademark, citing its deceptive similarity to Himalaya Global Holdings’ long-standing brand “Liv.52”. The Court also imposed injunctive relief and awarded Rs 20 lakh in damages, along with over Rs 10 lakh in legal costs.

The dispute arose after Himalaya Global, the registered proprietor of “Liv.52”, filed a trademark infringement suit against Rajasthan Aushdhalaya in 2024. Himalaya alleged that Aushdhalaya’s product “Liv-333”, introduced in January 2024, infringed on its long-standing brand and was likely to confuse consumers.

The original suit (CS (Comm) 433/2024) sought permanent injunction, damages, and delivery of infringing goods for destruction. Himalaya argued that the similarity between “Liv-333” and “Liv.52” would lead to initial interest confusion, especially since both were liver formulations used for similar therapeutic purposes.

In its legal submissions, Himalaya Global Holdings Ltd. contended that the term “Liv” was not merely a generic prefix but rather the dominant and essential feature of its long-established and widely recognized trademark, “Liv.52.” The company argued that the addition of the numerical suffix “333” by Rajasthan Aushdhalaya was not sufficient to distinguish the infringing mark from its own. According to Himalaya, the phonetic similarity, visual structure, and intended therapeutic use of both marks could mislead an average consumer, especially given the context of pharmaceutical products where accuracy and brand recognition are crucial. The plaintiff also stressed that the continued use of the mark “Liv-333” posed a significant risk to its brand goodwill, built over decades, and had the potential to cause irreparable harm—both commercially and in terms of public trust in its products.

On the other hand, Rajasthan Aushdhalaya Pvt. Ltd. defended its use of the mark by arguing that the term “Liv” was a generic abbreviation commonly used across the pharmaceutical industry to denote liver-related medications, and therefore could not be exclusively appropriated by any one company. To support this argument, the company cited the presence of multiple other registered products such as “Livogen,” “Livaplex,” and others, demonstrating that “Liv” was in public domain and had become publici juris. Furthermore, Aushdhalaya claimed that the overall packaging, trade dress, and complete brand identity of “Liv-333” were sufficiently different from “Liv.52” and unlikely to cause confusion among consumers.

However, the Division Bench of Justices C. Hari Shankar and Ajay Digpaul disagreed. In a detailed ruling, the bench noted;

“‘Liv’ formed the essential feature of the ‘Liv.52’ Mark… The addition of the number ‘333’ after ‘Liv’ did not serve to distinguish the appellant’s mark.”

The Court emphasized that in trademark analysis, the “initial interest confusion” test applies—confusion that occurs when an ordinary consumer mistakenly assumes the new product is associated with the original, even at first glance, is sufficient for infringement. It held;

“The use of the term LIV… creates a high degree of similarity and likelihood of confusion… the primary and most recognisable component remains identical.”

Relying on earlier precedent (Himalaya Drug Co. v SBL Ltd. and Cadila Healthcare Ltd v Cadila Pharmaceuticals Ltd.), the court observed;

“In the case of medicinal products, possibility of confusion could have serious detrimental effect on public health… deception had to be addressed with greater caution.”

Justice Shankar’s Bench declined to permit broad use of the prefix “Liv,” but made clear that marks using “Liv” with distinct suffixes—such as Livogen or Livaplex—are not barred, since the injunction specifically targets “Liv‑333” or deceptively similar marks .

Regarding penalties, the court noted that Aushdhalaya continued using the infringing “Liv‑333” mark even after interim injunctions. Consequently, the court upheld damages and costs;

“Damages of Rs 20 lakhs, with each defendant… being required to pay Rs 10 lakhs, along with costs of Rs 10,91,567/-.”

However, the court stayed the collection of damages and costs pending appeal—so long as Aushdhalaya deposits the principal Rs 20 lakh within eight weeks and avoids further infringement.

To read the original order, click on the link below:

https://indiankanoon.org/doc/145679652/

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Manipal Health Clinches Sahyadri Deal For Rs 6,400 Cr After Intense Bidding War: Report

New Delhi: Bringing an end to one of the most closely watched healthcare Merger and Acquisition (M&A) chases in India, the Manipal Health Enterprises, India’s second-largest hospital chain, has acquired Sahyadri Hospitals from Canada’s Ontario Teachers’ Pension Plan (OTPP) for Rs 6,400 crore, according to a recent Economic Times report. The deal strengthens Manipal’s footprint across Western India and pushes its national bed count to 12,000.

This move follows an aggressive bidding race involving Fortis, Aster DM Healthcare, and EQT. According to ET, Manipal outpaced its rivals after OTPP decided to divest its stake. The acquisition gives Manipal control of 11 hospitals in Maharashtra, including facilities in Pune, Nashik, Ahilya Nagar, and Karad, staffed by over 2,500 clinicians and 3,500 support personnel.

Medical Dialogues team had earlier reported that Manipal had emerged as the frontrunner to acquire Sahyadri Hospitals, with a commanding all-cash bid of Rs 6,838 crore (approximately USD 820 million). The offer placed Manipal ahead of prominent global and domestic contenders such as Blackstone, EQT Partners, IHH Healthcare-backed Fortis, KKR-backed Quality Care Hospitals, and Aster DM Healthcare.

Also Read: Manipal Outbids Blackstone, Fortis to Lead Race for Sahyadri Hospitals with Rs 6,838 Cr Offer

Quoting ET’s exclusive report, Ranjan Pai, Chairman, Manipal Education and Medical Group, said, “This acquisition will strengthen our presence in Western India, enabling us to extend world-class healthcare to more patients.”

Manipal’s expansion follows a recent $600 million debt infusion from KKR, aimed at fueling acquisitions and growth ahead of its expected IPO. The hospital chain had previously acquired AMRI Hospitals for Rs 2,400 crore in 2023 and Columbia Asia India for Rs 2,100 crore in 2021.

The deal also marks a significant return for OTPP, which acquired Sahyadri in August 2022 for Rs 2,500 crore. By exiting at Rs 6,400 crore, the Canadian pension giant has booked a 2.6x return on its investment in just under three years. As per ET, this implies a valuation multiple of 31x Sahyadri’s FY25 EBITDA of Rs 210 crore, a figure comparable to Apollo Hospitals’ 36x valuation.

OTPP’s senior India head, Deepak Dara, remarked, “We saw the potential to build on Sahyadri’s strong brand to create a regional healthcare leader.”

Adding further context, Rahul Mukim, Managing Director, Private Capital at OTPP, said, “Our partnership with Sahyadri… focused on unlocking long-term value—investing behind key specialties, expanding reach and building institutional processes.”

This acquisition comes as India’s private healthcare market experiences heightened deal activity, with operators like Manipal aiming to consolidate regional powerhouses under large national umbrellas. For OTPP, the deal caps a successful three-year engagement that began with a buyout from Everstone Capital, who had acquired Sahyadri from its founder, Dr Charudutt Apte, in 2019 for Rs 1,000 crore.

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Doctors Demand Withdrawal of Maharashtra Medical Council order permitting CCMP-Trained Homeopaths to Practice Allopathy

Doctors Demand Withdrawal of Maharashtra Medical Council Notification allowing CCMP-Trained Homeopaths to Practice Allopathy

Strongly opposing the Maharashtra Medical Council’s decision to allow CCMP-trained homeopathic practitioners to practice modern allopathic medicine and register with the council, senior resident doctors in Maharashtra have urged the council to immediately withdraw the notification. They asserted that such a move is “medically indefensible, ethically unacceptable, and legally questionable.”

In a letter submitted to the MMC Administrator, the Maharashtra Senior Resident Doctors Association (MSRDA) called the decision “unprecedented” and stated that its implementation would severely dilute the scientific integrity of modern medicine. They argued that the move is an affront to thousands of allopathic doctors who have dedicated over a decade of their lives to intense, evidence-based medical training, from MBBS to post-graduation and beyond.

Allowing practitioners trained in a fundamentally different medical system to transition into modern medicine through such a shortcut is, according to the association, reckless and dangerously irresponsible. Therefore, they demanded the urgent revocation of the decision to prevent irreversible damage to Maharashtra’s medical ecosystem and to protect the safety of millions of citizens.

For more information, click on the link below:

Doctors Demand Withdrawal of Maharashtra Medical Council Notification allowing CCMP-Trained Homeopaths to Practice Allopathy

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Who’s Exempt from Basic Course in Medical Education? NMC notifies new rules for medical faculty

Who’s Exempt from Basic Course in Medical Education? NMC notifies new rules for medical faculty

The National Medical Commission (NMC) has offered an exemption from undergoing the mandatory Basic Course in Medical Education (BCME) to the faculty serving in super-speciality departments or in broad speciality subjects not included in the undergraduate curriculum, and the faculty serving in Institutes of National Importance (INIs). Releasing the final Medical Institutions (Qualifications of Faculty) Regulations, 2025, in the official Gazette dated June 30, 2025, NMC laid down the eligibility qualifications of medical teachers at medical institutes.

In these regulations, the NMC announced an exemption from the Basic Course in Medical Education to select faculty. As per these regulations, the following faculty shall be exempt from the requirement to undergo the Basic Course in Medical Education-

(a) any faculty serving in super-speciality departments or in broad speciality subjects not included in the undergraduate curriculum; and

(b) any faculty serving in an institute of national importance, provided that such faculty shall be required to complete the course within two years of appointment in a recognised medical institution.

NMC has specified this in the newly released regulations after providing a similar clarification while considering the case of a doctor who had challenged the recruitment process at Dr. RMLIMS.

For more information, click on the link below:

Who’s Exempt from Basic Course in Medical Education? NMC notifies new rules for medical faculty

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Junk food ‘avoids advertising regulation’ with top level UK sports sponsorship

Junk food firms have more than 90 current sponsorship deals within top UK sports amid growing concerns over their impact on public health, finds an investigation published by The BMJ.

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Skin-like sensor can track body movement and electrical signals inside and out

A new skin-like sensor developed by an international team led by researchers at Penn State could help doctors monitor vital signs more accurately, track healing after surgery and even help patients with bladder control issues.

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AI and open-source software promise faster, easier biomedical imaging

Two new open-source tools are set to make fluorescence lifetime imaging microscopy—or FLIM—faster, simpler and more accessible. Developed by Ph.D. student Sofia Kapsiani in Professor Gabi Kaminski Schierle’s Molecular Neuroscience Group, the tools tackle long-standing technical and practical barriers in biomedical imaging.

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Verbal response time reveals hidden sleepiness in older adults

A new study led by UCLA investigators shows that Verbal Reaction Time (VRT), the amount of time it takes a person to respond verbally, can be a marker of sleepiness in older adults. The study, which measured participants’ voice data through standardized cognitive assessments, shows how VRT can passively detect excessive sleepiness, especially among older individuals using sedative medications.

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Study shows sexual pleasure remains important for women across menopause transition

Although there is a lot of discussion around negative aspects of aging and sexual problems, a new nationally representative study of 1,500 U.S. women aged 40–65 reveals that despite reporting masturbating less often, most postmenopausal women continue to experience orgasm at the same frequency and quality as their younger peers.

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Why caffeine might hold the key to preventing sudden infant death syndrome?

After decades of stalled national progress in reducing the rate of Sudden Unexpected Infant Death (SUID), a category of infant mortality that includes sudden infant death syndrome (SIDS), researchers at Rutgers Health have proposed an unexpected solution: Caffeine might protect babies by preventing dangerous drops in oxygen that may trigger deaths.

The hypothesis, published in the Journal of Perinatology, comes as the number of SUID cases has plateaued nationally at about 3,500 deaths a year for 25 years or one death for every 1000 live births. Despite an initial decline in the 1990s with the introduction of widespread education campaigns promoting back to sleep and other safe infant sleep recommendations by the American Academy of Pediatrics, SIDS, even on its own, remains the leading cause of death in infants between 1 and 12 months old.

“We’ve been concerned about why the rates haven’t changed,” said Thomas Hegyi, a neonatologist at Rutgers Robert Wood Johnson Medical School who led the research. “So, we wanted to explore new ways of approaching the challenge.”

That approach led Hegyi and Ostfeld to a striking realization: Virtually all known risk factors for SIDS and other sleep-related infant deaths, from stomach sleeping to maternal smoking to bed-sharing to preterm birth, have one thing in common. They are all associated with intermittent hypoxia, brief episodes where oxygen levels drop below 80%.

“I wondered, what can counter intermittent hypoxia?” Hegyi said. “Caffeine.”

The connection isn’t entirely theoretical. Neonatologists already use caffeine to treat apnea in premature infants, where it works as a respiratory stimulant. The drug has an excellent safety profile in babies, with minimal side effects even at high doses.

What makes caffeine particularly intriguing as a proposed preventive measure is how differently infants process it. While adults metabolize caffeine in about four hours, the half-life in newborns can be as long as 100 hours. Caffeine remains in an infant’s system for weeks, not hours.

This unique metabolism might explain a long-standing puzzle: why SIDS peaks between two and four months of age. As infants mature, they begin metabolizing caffeine more quickly. The researchers suggest caffeine consumed during pregnancy or passed through breast milk might provide early protection that wanes as metabolism speeds up.

The theory also could explain why breastfeeding appears to protect against SIDS.

“We hypothesize that the protection afforded by breast milk is, in part, due to caffeine,” wrote the researchers, noting caffeine readily passes from mothers to infants through breast milk.

Barbara Ostfeld, a professor at Rutgers Robert Wood Johnson Medical School, the program director of the SIDS Center of New Jersey and co-author of the paper, said if the theory proves true, any efforts to give infants caffeine would complement, not replace, existing risk reduction strategies.

“The idea isn’t that caffeine will replace risk-reduction behaviors,” Ostfeld said. “A baby dying from accidental suffocation, one component of SUID, is not likely to have benefited from caffeine but would have from such safe sleep practices as the elimination of pillows and other loose bedding from the infant’s sleep environment.”

The researchers plan to test their hypothesis by comparing caffeine levels in infants who died of SIDS with those who died from other causes, such as trauma or disease.

The research represents a fundamental shift in approaching SIDS prevention. While current strategies focus on eliminating environmental risks, this would be the first potential pharmaceutical intervention.

“For over 30 years, we’ve been educating New Jersey’s parents about adopting safe infant sleep practices. These efforts have contributed to our state rates being the second lowest in the US. Still, for various reasons, these proven recommendations are not universally adopted,” Ostfeld said. “This new hypothesis offers a way not just to address important risk factors but potentially intervene.”

Crucially, the researchers said this is hypothesis-generating research meant to inspire further study, not a recommendation for parents to give their babies caffeine. Any intervention would require extensive testing for safety and efficacy.

Still, in a field where progress has stagnated for decades, the possibility of a new approach offers hope.

As Hegyi put it, the goal is “to stimulate new thinking about a problem that has remained unchanged for 25 years.”

Reference:

Hegyi, T., Ostfeld, B.M. Reducing the risk of sudden unexpected infant death: the caffeine hypothesis. J Perinatol (2025). https://doi.org/10.1038/s41372-025-02333-x

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