JUDGMENT :

AMIT MAHAJAN, J.

1. “Soothe Healthcare Private Limited” hereinafter referred to as “SOOTHE” which is in the business of manufacturing, marketing and trading of goods relating to personal hygiene including sanitary preparations and allied products, filed a suit seeking permanent injunction against the “Dabur India Limited” hereinafter referred to as “DABUR” from infringing/passing off, inter-alia, the relevant trademarks of SOOTHE.

2. SOOTHE obtained trademark registration in its favour for the marks “SUPER CUTESTERS” and “SUPER CUTEZ” and “SUPER CUTE’S” in the year 2019 and 2020. It then commenced the use of marks for its product, baby diapers.

3. SOOTHE claims that the trademark application in respect of the trademark/device mark is pending registration before the Trademark Registry.

4. SOOTHE claims that DABUR commenced marketing and selling baby diapers using the deceptively similar trademark, i.e. “DABUR BABY SUPER PANTS.” It is claimed that the use of mark “DABUR BABY SUPER PANTS” is deceptively similar to its trademark for similar products, i.e. baby diapers and has, therefore, infringed SOOTHE’s registered trademark. For the ease of reference, SOOTHE’s packaging and DA