Ayurveda is an ancient system of medicine from India that uses herbs to bring the mind and body into balance for optimal health and well being. Himalaya Herbal Healthcare of Bangalore, India markets ayurvedic supplements under the “CARE” family of marks where “CARE” follows the part of the body, bodily function or condition that the supplement is intended to support. For example, it’s most popular product is “LIVERCARE.” Others include “PROSTCARE,” “MINDCARE,” “STRESSCARE,” etc.
In a trademark infringement suit filed in the Southern District of Texas, Himalaya claims that Defendant Issar Pharmaceuticals is marketing a line of supplements confusingly similar to Himalaya’s “CARE” line. Issar’s supplements are named “LIVER CARE”, “MIND CARE”, “JOINT CARE,” “PROSTATE CARE,” “MENOPAUSE CARE,” and “IMMUNITY CARE.”