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PRATHIBA M. SINGH
Blue Heaven Cosmetics Private Limited – Appellant
Versus
Shivani Cosmetics Through Its Partners Vinod – Respondent
ORDER
Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff seeking permanent injunction restraining infringement of registered trademark, trade dress, copyright, writing style, colour combination, label, packaging, passing off goods, delivery up, rendition of accounts of profits along with further damages.
3. The Plaintiff - M/s. Blue Heaven Cosmetics Pvt. Ltd. is engaged in the business of manufacturing and sale of cosmetics and other allied goods. It is the case of the Plaintiff that the Defendant has infringed the rights of the Plaintiff in the registered marks 'BLUE HEAVEN'/
and 'BLUE HEAVEN GET BOLD' (word as well as formative marks). The Plaintiff adopted the mark 'BLUE HEAVEN' in the year 1972 and has been continuously carrying out trade under the said mark. The Plaintiff further adopted the distinctive mark 'BLUE HEAVEN GET BOLD' (word/formative marks) in the year 2020.
4. An ex parte ad interim injunction was granted, restraining the Defendant, vide order dated 23rd December, 2021 in the following terms:
'20. In the opinion of the court, upon an evaluation of the Plaintiff's trademark / label / produ
Trademark infringement and passing off of goods, as well as non-compliance with the Drugs and Cosmetics Act, 1940, can lead to the grant of interim injunction and other reliefs in favor of the Plaint....
The court applied the Parle principle for comparison of competing marks and found that the defendant's mark was deceptively similar to the plaintiff's mark, leading to infringement and passing off.
The main legal point established in the judgment is the grant of permanent injunction and award of damages in a trademark infringement case.
Unauthorized sale of products bearing registered marks constitutes infringement and passing off under the Trademarks Act, 1999, leading to the grant of a permanent injunction and award of costs to th....
The court applied the summary judgment procedure in commercial disputes to ensure timely resolution and emphasized the need for a realistic prospect of success in defending the claim.
The court established that the trademark `LIMCEE` is protected against imitation by `LICMEE`, highlighting the importance of protecting goodwill and enforcing trademark rights.
Summary judgment can be granted in commercial disputes when the defendant lacks real prospects of successfully defending the claim.
Deceptive similarity between trademarks and packaging can lead to a finding of trademark infringement under the Indian Trademarks Act, 1999, Section 29.
The court established the importance of proving ownership, validity, and goodwill of a trademark in cases of trademark and copyright infringement, and emphasized the consequences of a defendant's fai....
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