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The Delhi High Court has “permanently restrained” retailers on Amazon.in from selling Pakistan-made Rooh Afza on the e-commerce website following a trademark claim made by the famous sherbet’s Indian manufacturer, local media has reported.
“The listings of infringing ‘Rooh Afza’ products on the website http://www.amazon.in not originating from the plaintiffs (Hamdard National Foundation) shall be removed within 48 hours,” the judge ruled while hearing the trademark infringement case filed by India’s Hamdard National Foundation.
In its petition, the foundation informed the high court that it owned the right to the “Hamdard” and “Rooh Afza” trademarks and had noticed last year that some sellers on Amazon had listed “Rooh Afza” products, according to a report in The Indian Express.
It then approached Amazon after which some of the listings were removed, the report stated, noting however that the Hamdard National Foundation recently found that some retailers were selling Rooh Afza bottles manufactured in Pakistan.
The Pakistan-manufactured bottles did not comply with the requirements of the Legal Metrology Act and the Food Safety and Standards Act, which governs such products in India, the petitioner contended, according to a report by NDTV.
“The mark ‘Rooh Afza’ has been used by the plaintiffs for a range of products including non-alcoholic sherbets and beverages, for which plaintiff No.2 [Hamdard Laboratories (Waqf)] has obtained the assignment on Aug 11, 1975 from plaintiff No.1. The mark Rooh Afza is registered in India and one of the registrations of the plaintiffs dates back to Aug 3, 1942,” The Indian Express quoted the high court as observing.
It further observed that the listings of the Pakistan-made Rooh Afza bottles on Amazon led to Hamdard Laboratories India’s website, which could confuse consumers.
The Delhi High Court also ordered Amazon to take down any other listings that infringed on Hamdard National Foundation’s trademark in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The three Hamdards
Rooh Afza was first sold in 1907 in old Delhi by Hakim Hafiz Abdul Majeed, a traditional healing practitioner.
After Partition, one of his sons stayed in Delhi while the other moved to Pakistan.
They set up factories in both the countries — as well as one in East Pakistan, which became Bangladesh in 1971 — under two firms.
Hamdard National Foundation owns the Rooh Afza rights in India while Hamdard Laboratories (Waqf) manufactures it in Pakistan.
Hamid Ahmed, the great-grandson of the founder, who runs the Indian business, told AFP earlier this year that the recipe had not changed in the last 115 years.
Read more
On DawnNews
Comments (136) Closed
Nov 17, 2022 04:26pm
Tangible sights and terrible sounds of world's top kangaroo court called the Delhi High Court, dancing at the tunes of racist, prejudiced, wicked, liar, bigot & biased Modi and his fascist, cruel, corrupt, crafty, crazy, cunning, crooked and criminal R.S.S. & BJP cronies, bent upon permanently & forever changing the socio-economic and socio-judiciary checks and balances in the country towards its biggest nuclear-armed but peaceful Western neighboring country of the Islamic Republic of Pakistan..
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Nov 17, 2022 04:26pm
People lean towards the Better Product. Enough said!
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Nov 17, 2022 04:30pm
I’m sure that the recipe would have slightly changed. There should be a blind test of the three varieties of Rooh Afza.
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Nov 17, 2022 04:39pm
Last thing we need is counterfeit products that don’t comply with our health and safety laws being peddled to us. Good move by the court to safeguard consumer rights.
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Nov 17, 2022 04:50pm
It is just a sugary syrup. People can be judge of the taste. How does it matter from where it belongs
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Nov 17, 2022 04:52pm
One great thing about Hindus in the USA they never buy products made in Pakistan. This shows how much they hate Pakistan, unfortunately, Pakistanis they have no issue since we are not raised with closed minds or hatred.
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Nov 17, 2022 04:57pm
"Indian court ‘permanently restrains’ Amazon retailers from selling Pakistan-made Rooh Afza in trademark case" And yet has no compunction in selling Pakistan's Himalayan pink salt, Banaspati long rice and using "Indus" as a brand name in exports to the US.
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Nov 17, 2022 05:08pm
Trade war, Thank you handlers for focusing only at opposition!
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Nov 17, 2022 05:12pm
Really? Really really? Rooh afzah? Wow India Pakistan are crazy?
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Nov 17, 2022 05:14pm
@Javed, If it was the case, the Pakistani Rooh Afza wouldn't have linked to Indian Hamdard's Rooh Afza webpage. Basically defrauding the customers.
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Nov 17, 2022 05:16pm
So technically the Indian brand is original while the ones in Pakistan and Bangladesh are offshoots. It is upto the family to come to an amicable solution.
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Nov 17, 2022 05:19pm
Roof e Afza is for Ramazan period generally. Poor Indians denied one of the best drinks in the world, made uniquely in Pakistan.
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Nov 17, 2022 05:20pm
@Dr. Salaria, Aamir Ahmad, well said.
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Nov 17, 2022 05:21pm
@Javed, Not better but cheaper. One cannot sell an iPhone from America over Amazon in India even though it is the same iPhone now manufactured in India. Because India has an import duty. Similarly Harley Davidson bikes manufactured much cheaper in India cannot be sold to America through a retail channel without paying duty and taxes. This is fraud. We know how subcontinent works, but not business, specially for known brands like Hamdard.
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Nov 17, 2022 05:21pm
Oh no fist Pakistan lost the basmati battle, now rooh afza as well!
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Nov 17, 2022 05:29pm
slurpyyy its the drink from my child hood . who can forget that taste.
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Nov 17, 2022 05:30pm
@Afza, rightly called upliftment of the spirit .
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Nov 17, 2022 05:31pm
Therefore by virtue of such foolish ruling any bi-lateral trade has to be looked at if tomato, potato, onion are from different soil mustn’t be crossing border! Wonder who would be loser if such trade war breaks out?
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Nov 17, 2022 05:39pm
@Dr. Salaria, Aamir Ahmad, The word “Peaceful”and Pakistan cannot be in the same sentence. It is time people of Pakistan chose path of progress, better infrastructure, advanced science and tech, better education, no radicalism, no export of terror rather export quality goods and services to the world.
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Nov 17, 2022 05:40pm
@Dr. Salaria, Aamir Ahmad, improve your English
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Nov 17, 2022 05:41pm
Roof afza Pakistan
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Nov 17, 2022 05:41pm
Well done India and justice for the local manufacturers of local products belonging to the same family.
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Nov 17, 2022 05:43pm
Good, it’s poor quality & a health hazard.
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Nov 17, 2022 05:50pm
@Dr. Salaria, Aamir Ahmad, Russia, one of the biggest nuclear-armed state is on their knees in front of relatively small country called Ukraine. What is the lesson here? Nuclear arms are just expensive toys of no use unless a nuclear armed country wants to suicide. It will not help in a war.
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Nov 17, 2022 05:59pm
@Dr. Salaria, Aamir Ahmad, It is called trademark & legal rights. I see you are finding it difficult to understand.
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Nov 17, 2022 06:03pm
India is a superpower, time to accept it.
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Nov 17, 2022 06:12pm
All the proponents of “ Trade with India” , please rise and summon the courage to say it again
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Nov 17, 2022 06:14pm
I had the misfortune to try the Pakistani rooh afza and it was the worst thing I’d ever had. And the packaging was clearly made with cheap, recycled plastic that would put a load of micro plastics in the body. Threw the bottle away.
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Nov 17, 2022 06:15pm
@John,
Nope. The lesson is, you cannot overcome or intimidate your neighbour no matter how small they be.
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Nov 17, 2022 06:26pm
To those who hav’nt tried Pakistani Roohafza… it tastes better then the Indian version
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Nov 17, 2022 06:28pm
@Dr. Salaria, Aamir Ahmad, bring it on. Hahahahah. Loveday.
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Nov 17, 2022 06:28pm
War of the cousins spread across two nations, Rooh Afza !
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Nov 17, 2022 06:30pm
Good riddance
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Nov 17, 2022 06:31pm
@Constantine, please stick to cow drink. Rooh Afza is not your level.
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Nov 17, 2022 06:32pm
@Punisher, causes impotency. Maybe good for pakistan to stop explosive population
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Nov 17, 2022 06:35pm
@Constantine, how u check about micro plastic cuz u must gave plasma microscop.
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Nov 17, 2022 06:47pm
@Dr. Salaria, Aamir Ahmad, The issue is beyond your understanding. You need a different level of intellect to understand trademarks and copyright laws of a country.
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Nov 17, 2022 06:53pm
Thanks to the court. We will need to maintain our monopoly and sell our drinks only in our nation.
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Nov 17, 2022 07:01pm
@Mahatma Modi,
No Sir.
This has a historic background. Hamdard Waqf Board was originally formed in British India in my Delhi.
Post-partition the same board was formed in Karachi by Mohajirs from Delhi. Since then, the two companies with the same name, Hamdard Waqf Board, manufacture the same product with same label (95% exact) and very much the same taste now manufacture in two different countries.
So, yes, the Trademark issues exist.
But, actually the Pakistani one is much better in taste.
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Nov 17, 2022 07:05pm
When I was a 6-7 years old child back in the hinterland of north india, I used to sneak in the kitchen, pick up the bottle of Rooh Afza from the top shelf of kitchen cabinet and drink it all and my mother used to get much angry about that. :)
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Nov 17, 2022 07:07pm
poor Indian mentality
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Nov 17, 2022 07:14pm
What has been going on in India could only be imagined in 1940 Germany.
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Nov 17, 2022 07:20pm
time to rejoin the Hamdard family across three countries, launch Hamdard International Foundation. Together we represent a quarter of world population, Rooh Afza is a collective heritage..
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Nov 17, 2022 07:22pm
Pakistani brand tastes much better
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Nov 17, 2022 07:23pm
This is why i always check the labels and never buy anything made in india. It is usually of poor quality and hazardous to ones health. Even indian made cough medicine is killing people.
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Nov 17, 2022 07:26pm
@Dr. Salaria, Aamir Ahmad, You are nothing but fool and liar
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Nov 17, 2022 07:33pm
Made in Pakistan-RoohAfza by Humdard Company
100% pure and good for all seasons specially in
hot summer days mixed with ice and water.
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Nov 17, 2022 07:36pm
Be Pakistani and buy Pakistani made things. It will reduce Pakistan,s trade Imbalance. Boycott everything from unfriendly countries.
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Nov 17, 2022 07:48pm
Let the market decide the future of "Rooh Afza". The rest is all useless politics, bias, and judicial humbug.
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Nov 17, 2022 07:53pm
@Kakka Gabharana nahi , He is doctor, he is always 100% right.
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Nov 17, 2022 07:57pm
Send them bitter gourd juice instead sweet rooh afza!
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Nov 17, 2022 08:05pm
@saksci, They dont but because its not good. That could be the only reason.
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Nov 17, 2022 08:07pm
"The Pakistan-manufactured bottles did not comply with the requirements of the Legal Metrology Act and the Food Safety and Standards Act, which governs such products in India"
The above sums up everything.
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Nov 17, 2022 08:08pm
Originally made in Delhi. Kangaroo or no Kangaroo, that’s all that matters
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Nov 17, 2022 08:16pm
@Charles,
No, it only sums up, courts are peddling Saffron agenda!
Even Saffron terrorists are set free by them!
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Nov 17, 2022 08:20pm
@saksci, joke of the century
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Nov 17, 2022 08:24pm
If the family protected recipe has not changed in the last 115 years in all the three Hamdard establishments, what is the problem suddenly arising now, except political orientations???
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Nov 17, 2022 08:35pm
@saksci, no choice. Nothing interesting seems to be made in Pakistan.
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Nov 17, 2022 08:40pm
Forget sherbat, Pakistanis in UK try to pass themselves as Indians....
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Nov 17, 2022 08:45pm
@Dr. Salaria, Aamir Ahmad, India has the right to safeguard interests of their citizens and companies. Your message should be directed to the Pakistani government to protect & promote Pakistani businesses instead of blaming India. Modi is fantastic for India, let’s all accept that
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Nov 17, 2022 08:51pm
@Kakka Gabharana nahi , he Pakistan born doctor what more you expect ?
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Nov 17, 2022 08:53pm
@Zak, did you even read the article complete? it was made in delhi which not a part of pakistan...
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Nov 17, 2022 08:56pm
@saksci, In Berlin, Hindus from all corners of India fly towards our Pakistani mangoes in wholesale groceries like flies attacking sugar!
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Nov 17, 2022 08:57pm
@Reddy , Playing to the crowds are we?
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Nov 17, 2022 09:00pm
This is nothing to do with Pakistan. In India, 'Rooh Afza' is the copyright of an Indian company and an Indian court can not allow any violation or infringement of that copyright by anyone.
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Nov 17, 2022 09:02pm
One more less export money
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Nov 17, 2022 09:09pm
Eventually the laws of commerce must be held thus RoheAfza of Pakistan, although post partition use of RoheAfza has been sold in Pakistan is a common place but since the founders of Hamdard and its RoheAfza product line clearly belong to the original founders of both the Hmandard and its products such as RoheAfza historically belong to India, it must be at all levels of marketing be an Indian product.
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Nov 17, 2022 09:14pm
Hindustan became a Banana republic under RSS Modi regime
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Nov 17, 2022 09:20pm
@asma, Of what sending worker overseas for work?
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Nov 17, 2022 09:25pm
@Charles, US FDA has no problem with Pakistani products, this shows you are raised with a close mind !!
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Nov 17, 2022 09:27pm
@Dr. Salaria, Aamir Ahmad, what? Was that English?
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Nov 17, 2022 09:30pm
Such a loss for Indians. I've tried both and the Pakistani one is much better in taste - tastes more like a drink, whereas the Indian one tastes more like a medice syrup
(Also, lol at the jobless Indian "engineers" in the comments here)
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Nov 17, 2022 09:31pm
@Zak, "Poor Indians denied one of the best drinks in the world, made uniquely in Pakistan."
Indians have access to alcoholic and non-alcoholic beverages from all across the world. Rooh afzah is an overly essenced sugar loaded stomach churning beverage from a time when nothing else was available. No thank you. Anyone who has tried it can vouch for how disgusting it is to the modern consumer who has so many superior choices.
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Nov 17, 2022 09:31pm
This drink is one of the primary cause for diabetes.
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Nov 17, 2022 09:35pm
Pakistanis in UK never buy products made in India. There was actually a short story about it in this newspaper where the protagonist said that he didn’t buy Indian products because he believed Indians didn’t buy Pakistani products
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Nov 17, 2022 09:49pm
This is a fight between two cousins who are owners of the Brand name Rooh Afza - India (original) and Pakistan. Owner of Indian brand approached the court and got the order. Government of India or any other Indian entity or Indian national has nothing to do with this case. People are commenting here without understanding the matter. Clearly this shows their ignorance and biased mind.
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Nov 17, 2022 09:58pm
The only Rooh Afza known and sold in UK is made in Pakistan. Plus it’s a Muslim brand not suitable in modern day Modi led fascist Hindu India so why the fuss.
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Nov 17, 2022 10:04pm
Original Hamdard belongs to India. Unfortunately Hakim Saeed migrated from India to Pakistan believing he his family could be fine . But Hakim Saeed was killed in Karachi Pakistan. India should allow Pakistani Rooh Afza as free choice to customer. No big deal.
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Nov 17, 2022 10:05pm
Grocery store owners in the US, Canada and UK, who put both Indian and Pakistani products of the same Rooh-Afza brand on their shelves say the Pakistani product sells far faster. Both communities here acknowledge that there is a difference in taste between the two.
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Nov 17, 2022 10:05pm
@Afza, The Pakistani Rooh Afza is much better in taste than its original Indian counterpart, as I have bought and tried both in the West.
Despite all arguments, the Trademark issues are big and unavoidable in this modern era.
Post-partition Hamdard Waqf Board was formed (actually re-formed) and established in Karachi, by Mohajirs of Old Delhi who used to work at Hamdard Labs in Old Delhi.
Both Companies in the two countries are still doing extremely well, despite no link between the two.
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Nov 17, 2022 10:06pm
Once you taste the rooh afza there is no going back lol. I still prefer our Sindhi Thadal but I can't deny rooh afza is pretty tasty drink specially to beat the heat or cold weather warm with milk. Abroad every Indian knows Shaan masala and National masala boxes even their own Indian masala brands don't do sales like the Pakistan Shaan and National brands. There are somethings you can't beat Pakistan in their masala products, coke studios plus fast bowlers. Love you Indo family & Kashmir family
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Nov 17, 2022 10:09pm
@saksci, in India even in south Muslims will buy products mostly from Muslim owned shores and never sell their house to non Muslim but they buy Hindu/Christian houses.
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Nov 17, 2022 10:09pm
The case is simple the Indian version is tested by food safety not the Pakistani product.
without safety you cant sell it to consumers
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Nov 17, 2022 10:10pm
@Brad, exactly. It is a family issue
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Nov 17, 2022 10:13pm
India has its own Rooh Afza made by same family but Indian citizens.
It’s responsibility of Indian government to protect interests of Indian Rooh Afza owners.
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Nov 17, 2022 10:19pm
Hansard India provides employment in India pays taxes in India. Whine should Indian government support? Isn’t it obvious?
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Nov 17, 2022 10:22pm
Pakistani Hamdard is growing by leaps and bounds, having given a production licence in Bangladesh and dominating global exports of RoohAfza. It's quality and taste is far better than it's Indian counterpart, that's the reason Pakistani Hamdeard product is widley liked in India.
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Nov 17, 2022 10:29pm
@Dr. Salaria, Aamir Ahmad, how is the economy doing.
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Nov 17, 2022 10:38pm
Fascist BJP government of India dictating its terms.
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Nov 17, 2022 10:41pm
@Imtiaz Ali Khan, Roohafza has lots of sugar. Stay away.
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Nov 17, 2022 10:47pm
No one cares.
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Nov 17, 2022 10:48pm
@saksci, I am witness of many Indians who are fond of Pakistani clothes and achar.
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Nov 17, 2022 10:49pm
@El Cid, Yes court don't order out of Blue...India Roofza maker filed court case , about how there competitors are violating laws by exporting pakistan based Roofza on amazon.... It was business rivalry..and court has to decide based on existing laws...
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Nov 17, 2022 10:58pm
Pakistan’s Rooh Afza is not dirty enough for the Indian market
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Nov 17, 2022 11:09pm
@Atif Khan,
Once again you (Atif Khan) are 100% right.
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Nov 17, 2022 11:12pm
@DolandTrumf,
Modi himself loves Rooh Afza, just like every Indian does.
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Nov 17, 2022 11:19pm
@Ehsan,
"Pakistani brand tastes much better"
Undoubtedly, 100% correct statement.
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Nov 17, 2022 11:29pm
If the recipe has not changed then is this indiqn son babling that Pakistani rooh afza doesnot fulfill indian standards ? Either both fulfil or both dont
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Nov 18, 2022 12:29am
Two cousins fighting. Hamid Ahmed is the owner of Indian Rooh Afza and his family has been trying to keep the trademark and recipe for themselves and not use by their Pakistani cousin
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Nov 18, 2022 12:45am
@saksci, What Pakistani products are sold in US?
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Nov 18, 2022 12:48am
@El Cid, Banaspati long rice? what is that? Never heard of that brand
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Nov 18, 2022 12:49am
@Zak, Originally made in India, not in Pakistan
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Nov 18, 2022 12:50am
@Zak, Poor Indians denied one of the best drinks in the world... LOL Don't need it
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Nov 18, 2022 12:54am
@Gokboru, Did some one ask you to buy? Stick to what you do.
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Nov 18, 2022 01:02am
@Zak, "Roof e Afza is for Ramazan period generally. Poor Indians denied one of the best drinks in the world, made uniquely in Pakistan."
Clearly reading is not your strength, otherwise you would have seen that "Hamdard National Foundation owns the Rooh Afza rights in India"
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Nov 18, 2022 01:07am
@saksci, Indians don't buy Pakistani products? Pakistani don't have this mentality? Or maybe they don't have the products which Indians buy
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Nov 18, 2022 01:08am
Wow, did not know that India has "Food Safety and Standards " too.
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Nov 18, 2022 01:14am
@Zak, Let the poorest of the poor people drink it!
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Nov 18, 2022 01:39am
@Zulfiqar Ali Bhatti, since its not selling in pakistan so they want the indian market
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Nov 18, 2022 02:07am
@Kakka Gabharana nahi , well said.
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Nov 18, 2022 02:18am
Live in USA, I tried both multiple time. Indian made RA is no where close the Pakistan made. Try it for yourself.
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Nov 18, 2022 02:34am
@Anonymouseee, Pakistan stops trading with India openly and you expect India to buy your stuff ?
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Nov 18, 2022 03:05am
@Akram, yes so keep it to yourself
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Nov 18, 2022 03:08am
@Anonymouseee, read and comprehend
The company owner HAMID AHMED filed the complaint. In addition Pakistan products were not following safety precautions_ as usual. So how is BJP to blame. Think before making stupid statements
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Nov 18, 2022 03:13am
@Alcadius, yes the lack of safety standards in Pakistani drink must be very tasty for you
Enjoy!!
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Nov 18, 2022 03:15am
@Tanvir Khan, sure and the important word is Indians BUY mangoes with own money NOT loan money
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Nov 18, 2022 03:28am
@Zak, poor indians???Indians???? Days the one living on loans!
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Nov 18, 2022 03:58am
@Kakka Gabharana nahi , No chance Sir. Do not expect any thing from him.
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Nov 18, 2022 04:14am
Pak room afza better
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Nov 18, 2022 04:22am
@Anonymouseee, Yes, and there is absolutely nothing you can do about it. India will get its way.
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Nov 18, 2022 04:36am
@Zak, We in US enjoy both versions of Rooh Afza. Both are equally good.
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Nov 18, 2022 04:42am
@Constantine, I agree. I found it to be a water down version of Indian afza. Also had a strong of something. Though it’s the same family making it in both countries but the ingredients from both countries are somewhat different.
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Nov 18, 2022 05:35am
@Vks, St. Louis, MO, We do not like Pakistani products.
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Nov 18, 2022 06:34am
I used to drink that growing up. Not sure where it was made.
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Nov 18, 2022 06:35am
Indian rooh afza is undrinkable
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Nov 18, 2022 06:44am
People who migrated to Pakistan still retain their rights for properties in India. Can you say otherwise?
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Nov 18, 2022 06:54am
@Sumera,
And masalay too..
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Nov 18, 2022 07:18am
Root Afza is Hamdard brand made in india . How is Pakistan making rooh afza ? It is infringement of brand
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Nov 18, 2022 07:28am
It is too sweet . In india we have many other drinks like it. Ginger apple sarsaparilla kissan squash
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Nov 18, 2022 07:35am
@Dr. Salaria, Aamir Ahmad, use common sense which seems devoid in you . Rooh afza is hamadard brand and Pakistan is infringing in the brand made in india . Infringement of brand is theft in western countries . Even living in US has not helped your thinking at all
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Nov 18, 2022 08:43am
Thanks for the publicity, those Hindu's who didn't know or care about the history of this drink, will stop buying it. Many of the Asian countries sell kimono oranges but have stopped using the word Pakistan on the display boards anymore , because people do not buy them, especially Indians.
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Nov 18, 2022 08:54am
@Adesh Dhar , So where were you sleeping when it was sold for 50 years in pakistan. Idian Roh Afza has no Market
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Nov 18, 2022 08:59am
I had bought Pakistani rooh afzah from Pak grocery store in US. It tasted very similar to Indian one but got spoiled much quicker. Overall I would rate Hamdard slightly better.
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Nov 18, 2022 09:17am
what the big deal if Amazon selling Pakistani made drink
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Nov 18, 2022 10:55am
@saksci, But this is made by a Muslim,
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Nov 18, 2022 10:58am
@Zak, can u read articles in English. India has its own roohhafza made in India. Pak has its own. Why we need to get from.pak when it's there in India and it's licensed trademark.?
Indian are drinking roohafza since decades.
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