The Indian Supreme Court dismissed an appeal by a beverage brand named ‘Dil Afza’ that sought to let it continue operations despite its obvious similarities to the well known ‘Rooh Afza’.

A case had been filed by Hamdard, the makers of Rooh Afza, in the Delhi High Court, alleging that a brand was selling a beverage that looked like, was named like and was even sold in a bottle that resembled their brand.

The High Court had ruled in favour of Hamdard and had ruled that Hamdard’s copyright had been infringed upon and ordered that sales of Dil Afza. The court had said that as an established brand, Rooh Afza had ‘acquired immense goodwill’ and needed protection from copying.

However, Sadar Laboratories, makers of Dil Afza, appealed in the Supreme Court against the verdict and asked for their beverage to be declared legal.

A three-member bench of the top Indian court led by Chief Justice DY Chandrachud and included Justices PS Narasimha and JB Pardiwala. After reviewing the facts of the case, they found the high court’s decision to be sound and said they would not like to ‘interfere’ with the decision.

As reported by Indian news outlet Bar and Bench, rooh Afza’s lawyer told the court that the high court had found ‘circular rings in bottle which gives away dishonest intentions’.

“They are selling since 2020 and we are selling since 1907… this looks like a variant of roohafza.. they are riding on my good will!” he added.

“Rooh afza has a well established reputation across India and suddenly you sell some medicines and in 2020 you start selling some sharbat. Division bench has held correctly,” the chief justice observed.

“We will not interfere. Dismissed.”

Rooh Afza by Hamdard is recognisable brand and is drank in many households even across the border in Pakistan. It is also a key part of iftari traditions in Ramzan.