Visage Beauty and Healthcare Private Limited Vs. Freecia Professional India Private Limited

Visage Beauty and Healthcare Pvt Ltd filed a suit in 2022 against Freecia Professional India Pvt Ltd for trademark infringement, passing off, and copyright violation alleging defendants copied its registered marks D-TAN, DERMOMELAN, SHINE & GLOW and verbatim reproduced ingredients lists and usage steps from its three O3+ facial kits on identical skincare products; defendants initially defended claiming marks descriptive/common to trade and content industry standard but were proceeded ex-parte. The Delhi High Court held that plaintiff established prima facie prior adoption, registrations, substantial goodwill through sales over Rs.28 crores and ads exceeding Rs.21 crores; finding slavish copying of literary content in ingredients/steps for all kits amounting to copyright infringement, dishonest use of DERMOMELAN, but SHINE & GLOWING descriptive not infringing SHINE & GLOW, and deferring D-TAN injunction due to unsubstantiated common use claims and pending rectification, granted interim injunction on 21.11.2025 restraining defendants from using copied layouts/ingredients/steps for the three kits and DERMOMELAN mark.

- To resist exclusivity on ground of marks being common to trade, defendant must substantiate substantial third-party use with evidence of extent, trade volume, and dilution impact; mere unsubstantiated claims or solitary instances insufficient (Para 8.6-8.7, 23).

- Verbatim reproduction of product descriptions like ingredients lists and usage steps constitutes prima facie copyright infringement in original literary works if unjustified by industry standards (Para 18.8, 20.2, 22.1).

- Descriptive phrases in rival product names may not infringe registered composite marks if overall get-up distinct and no deceptive similarity (Para 24.1).

- Single foreign third-party use does not validate domestic infringement of registered coined/fanciful mark absent evidence of commonality (Para 23.2-23.3).

Case Title: Visage Beauty and Healthcare Private Limited Vs. Freecia Professional India Private Limited & Anr.  

Order Date: 21 November 2025  

Case Number: CS(COMM) 633/2022  

Neutral Citation: Not yet assigned  

Court: High Court of Delhi at New Delhi  

Judge: Hon’ble Ms. Justice Manmeet Pritam Singh Arora  

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]