In 2010, GreenRoots Ayurveda Pvt. Ltd. developed a herbal supplement for liver health under the brand name "HerbWell", packaged in a distinctive green-and-gold bottle with a leaf-shaped cap. Over the years, the product g

In 2010, GreenRoots Ayurveda Pvt. Ltd. developed a herbal supplement for liver health under the brand name "HerbWell", packaged in a distinctive green-and-gold bottle with a leaf-shaped cap. Over the years, the product gained immense popularity both in India and abroad, supported by significant investments in television advertising, Ayurveda health fairs and endorsements from medical professionals. By 2024, "HerbWell" had earned a strong reputation and was widely recognised by consumers. In 2024, another company, Herbal Wellness India Ltd., launched a liver tonic under the brand name "HerbWel+". Its packaging was strikingly similar to that of "HerbWell" and the word "HerbWel" was written in a nearly identical font, with only a "+" symbol added at the end. GreenRoots Ayurveda Pvt. Ltd. objected, asserting that this similarity was likely to mislead consumers into believing that "HerbWel+" was associated with or endorsed by them. They claimed that "HerbWell" had become a well-known trademark and that the actions of Herbal Wellness India Ltd. amounted to passing off. In view of the above case, answer the following questions: Referring to Himalaya Drug Co. v. S.B.L. Ltd. (2013), discuss whether GreenRoots Ayurveda Pvt. Ltd. can argue that its mark "HerbWell" is distinctive even though it contains the word "Herb," which is commonly used in the Ayurvedic Industry.