Dabur India Vs Kuldeep Gupta

Trademark Infringement Case: Dabur India Ltd. vs. Mr. Kuldeep Gupta

Plaintiff's (Dabur India Ltd.) Contentions:

Trademark and Copyright Rights:

Dabur India Ltd. is the owner of the registered trademark "DABUR RED" for its toothpaste product, which has acquired significant goodwill and reputation over the years.

The packaging, trade dress, and get-up of the "DABUR RED" toothpaste are original artistic works protected under the Copyright Act, 1957.

Dabur India Ltd. has valid and subsisting trademark registrations for the "DABUR RED" mark, which it has periodically renewed.

Defendant's (Mr. Kuldeep Gupta) Alleged Infringement:

The defendant, who is the sole-proprietor of Real Herbal Cosmetics, has registered the mark "Devson Care Red" in Class 3.

The defendant's "Devson Care Red" toothpaste product has a label/carton/packaging/get-up that is deceptively similar to Dabur India Ltd.'s "DABUR RED" toothpaste.

The defendant has cleverly imitated and substantially reproduced the plaintiff's trademark, packaging, and trade dress, causing irreparable loss, injury, damage, and prejudice to Dabur India Ltd.

Plaintiff's Claim and Relief Sought:

Dabur India Ltd. has established a prima facie case, and the balance of convenience is in its favor. Dabur India Ltd. will suffer irreparable injury unless the defendant is restrained from carrying out its activities.

Dabur India Ltd. seeks a permanent injunction restraining the defendant from selling, offering for sale, exporting, or advertising its "Devson Care Red" toothpaste under the infringing label/carton/packaging/get-up.

Court's Observations and Order:

The court granted an interim injunction restraining the defendant and its associates from selling, offering for sale, exporting, or advertising the "Devson Care Red" toothpaste under the infringing label/carton/packaging/get-up.

Case Citation: Dabur India Vs Kuldeep Gupta: 18.07.2024: CS(COMM) 579/2024: Delhi High Court: Mini Pushkarna: H.J.

Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]