Madras High Court fines Patanjali Rs 10 lakh for exploiting fear and panic

The Madras High Court on Thursday imposed a fine of Rs 10 lakh on Patanjali Ayurved promoted by yoga guru Ramdev for “chasing further profits” by exploiting fear and panic among people over coronavirus infection. The court refused to vacate the interim stay restraining the company from using the name ‘Coronil’.

In a detailed order, Justice C V Karthikeyan noted that Patanjali Ayurved and Divya Yog Mandir Trust had projected Coronil as a cure for Covid-19 whereas, in reality, it was just an immunity booster for cough, cold, and fever.

The judge had last month restrained Patanjali Ayurved using the trademark Coronil till July 30 after Chennai-based Arudra Engineering Private Limited filed a petition saying 'Coronil' is a trademark owned by it since 1993.

“Insofar as costs are concerned, the defendants have repeatedly projected that they are 10,000 Crores company. However, they are still chasing further profits by exploiting the fear and panic among the general public by projecting a cure for the Coronavirus, when actually their 'Coronil Tablet' is not a cure but rather an immunity booster for cough, cold and fever,” the judge said in his 104-page order on Thursday.

The judge also said the two companies must realize that there are organisations which are helping the people in this critical period without seeking recognition and it would only be appropriate that they are made to pay costs to them.

He directed the two companies to pay Rs 5 lakh each to the Cancer Institute, Adyar and the Government Yoga and Naturopathy Medical College and Hospital where treatments are afforded “free of cost without any claim to either trademark, trade name, patent or design, but only with service as a moto.” The payment should be made before August 21.

Contending that Patanjali Ayurved and the Divya Yog Mandir Trust have directly infringed upon the word 'Coronil' used by Arudra Engineering Private Limited and since there is no evidence that it is a cure for coronavirus, the coinage is “without due cause and in fact that intention to mislead the general public.”

“Usage of the word 'Coronil' and usage of the common pictorial image of coronavirus are to put it very mildly, misleading and cannot be permitted and is therefore prohibited,” the judge said.

Justice Karthikeyan also rapped the two companies for not checking whether ‘Coronil’ was a registered trademark with the Trade Marks Registry and they are fault if they had not done a check. “They cannot plead ignorance and innocence and seek indulgence from this Court. Either way, indulgence is refused,” the judge said.

Patanjali launched Coronil recently by claiming that it was a cure for Coronavirus, but the Centre said it has not given any certificate in this regard. The company then changed its stance saying it was just an immunity booster and not a cure for the infection caused by Covid-19.