JUDGMENT :

RAVI KRISHAN KAPUR, J.

1. This is a suit for infringement and passing off.

2. The petitioner is the proprietor and the prior user of the mark “Fair and Handsome” used in relation to men’s skin products. The petitioner has secured various registrations for the word mark as well as the label mark “Fair and Handsome” both in India and abroad. The petitioner’s registered marks include “Fair and Handsome” and variations thereof as well as “Hi Handsome” and “Activate Handsomeness.” These also include both word and label mark registrations without disclaimers or conditions. It is alleged that “Handsome” is a prominent and essential feature of the petitioner’s trademark and has been used since 2005. The total sales of the petitioner’s product “Fair and Handsome” upto the financial year 2020 had exceeded Rs. 2,430 crores. The petitioner has also incurred advertising expenses in excess of Rs. 400 crores since 2005 in respect of its product “Fair and Handsome.” The registrations in favour of the mark “Fair and Handsome” are long prior to the respondent’s adoption and use of the infringing mark “Glow and Handsome.” Admittedly, both the rival products are in the same class of goods. The