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2024 Supreme(Online)(DEL) 12023

HIGH COURT OF DELHI
MOUNTAIN VALLEY SPRINGS INDIA PRIVATE LIMITED – Appellant
Versus
BABY FOREST AYURVEDA PRIVATE LIMITED (FORMERLY KNOWN AS M/S LANDSMILL HEALTHCARE PRIVATE LIMITED) & ORS. – Respondent


JUDGMENT

ANISH DAYAL, J.

I.A. 14373/2023 & I.A. 21648/2023 (under Order XXXIX Rules 1 and 2 CPC)

1. This judgment disposes of the applications filed under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) seeking ad interim injunction as part of the suit filed by plaintiff for permanent injunction restraining defendants and all those acting for or on their behalf from directly or indirectly infringing plaintiff’s trademarks ‘FOREST ESSENTIALS’, ‘BABY ESSENTIALS’, ‘FOREST ESSENTIALS-BABY ESSENTIALS’, ‘LUXURIOUS AYURVEDA’ and ‘SOUNDARYA’ and/or any other trademark deceptively similar. Permanent injunction is also sought for restraining defendants from dealing in goods and business under defendants’ marks ‘BABY FOREST’, ‘BABY FOREST–SOHAM OF AYURVEDA’, ‘BABY ESSENTIALS’ and ‘SAUNDARYA POTLI’.

2. When the matter was first listed on 04th August, 2023, senior counsel for defendants had submitted that defendants are not intending to use the marks ‘SAUNDARYA’ and ‘BABY ESSENTIALS’ and have undertaken so, in their reply dated 12th July, 2023 to the cease-and-desist notice. The dispute, therefore, stood restricted as to whether the marks ‘BABY FOREST’

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