CS(COMM) 18/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Reserved on : 25^th February, 2022

Judgment Delivered on : 03^rd March, 2022

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CS(COMM) 18/2022

SOOTHE HEALTHCARE PRIVATE LIMITED

..... Plaintiff

Through:

Mr. Anant Bhushan, Advocate.

versus

DABUR INDIA LIMITED

..... Defendant

Through:

Mr. Hemant Singh, Mr. Manish

Kumar Mishra, Ms. Akansha Singh,

Mr. Shakti Priyan Nair and Mr.

Srinivas Venkat Ragan, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

JUDGMENT

AMIT BANSAL, J.

I.A. No. 444/2022 (Order XXXIX Rules 1 and 2 of CPC)

1.

By way of the present judgment, I propose to decide the application

filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the

Code of Civil Procedure, 1908 (CPC) for grant of interim injunction pending

the disposal of the suit.

2.

The plaintiff has filed the present suit seeking permanent injunction

against the defendant from infringing/passing off, inter alia, the trademarks

of the plaintiff and other ancillary reliefs. In the suit, it has been pleaded

that:

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CS(COMM) 18/2022

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(i)

Plaintiff company, incorporated in 2012 is in the business of

manufacturing, marketing and trading all goods relating to personal

hygiene including sanitary preparations and allied products. Since

January, 2020, the plaintiff ventured into the manufacturing and

trading of diapers.

(ii)

Plaintiff has obtained trademark registrations in its favour for the

marks „SUPER CUTESTERS‟, „SUPER CUTES‟ and „SUPER

CUTEZ‟. Details of the trademark/device mark/word mark of the

plaintiff are set out below:

S.No.

Application

No.

Trademark/Device Mark

Status

1. 4381587

SUPER CUTESTERS

Registered

2. 4440064

Registered

3. 4465892

SUPER CUTES

Registered

4. 4465891

SUPER CUTEZ

Registered

(iii)

Trademark application in respect of the trademark/device mark

„SUPER CUTES‟

is pending registration before the

Trademark Registry.

(iv)

The plaintiff has given wide publicity to the said trademarks and the

products under the said trademarks are identified and associated by

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the public and trade exclusively with the plaintiff. Famous celebrities

have served as Brand Ambassadors in respect of the Plaintiff‟s

products.

(v)

The trademarks „SUPER CUTESTERS‟, „SUPER CUTES‟, and

„SUPER CUTEZ‟ have gained immense popularity and reputation in

relation to the plaintiff‟s products amongst the plaintiff‟s consumers

and the general public.

(vi)

In support of this, the plaintiff has given the sales figures for the

period April 2020 to March, 2021 and April, 2021 to December, 2021

and also the advertisement expenditure in respect of the aforesaid

trademarks as per the Books of Accounts maintained by the plaintiff.

(vii)

The plaintiff is the prior adopter and registered proprietor of various

trademarks/device marks/wordmarks as mentioned above and enjoy

exclusivity in respect of the said marks.

(viii)

In October, 2021, as per the information of the plaintiff, the defendant

company ventured into the business of „baby diapers‟ adopting a

trademark „SUPER PANTS‟, which is deceptively similar to the

various trademarks of the plaintiff company, in respect of which the

plaintiff is a registered proprietor.

(ix)

On 2^nd April, 2021 and 4^th December, 2021, cease and desist notices

were issued by the plaintiff to the defendant calling upon the

defendant not to use the aforesaid trademark.

(x)

On the basis of the aforesaid pleadings, the present suit was filed on

behalf of the plaintiff alleging infringement as well as passing off on

behalf of the defendant of the trademarks of the plaintiff along with

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