SC refuses to hear Wipro Enterprises plea in ‘Evecare’ trademark case

The Supreme Court on Thursday refused to entertain Wipro Enterprises appeal against a Delhi High Court interim order that restrained it from using the trademark 'Evecare' in relation to its intimate hygiene wash for women or any other product in a trademark infringement suit filed by Himalaya Wellness Company.

In 2022, Himalaya had come to know that Wipro had obtained registration for the trademark Evecare in 2020 on a "proposed to be used" basis in respect of cosmetic products.

When Wipro refused to comply with its cease-and desist notice, Himalaya filed a trademark infringement suit before the HC and sought to restrain Wipro from manufacturing, selling the product under the “EVECARE” trademark till the lawsuit is finally decided.


The High Court noted that Himalaya had been using the said trademark for 24 years and “such long usage” had in the court’s “prima facie view” resulted in Himalaya “acquiring goodwill and reputation in the mark ‘EVECARE,'” thus restrained Wipro from using the mark. The HC also noted that Wipro’s product of the same name was launched only around August 2021.