The plaintiff, Anupam Saxena, has filed a suit against the defendants, Shiv Verma Trading as Marksons Herbal Life & Ors., for infringement of copyright, trademarks, passing off, and unfair competition. The plaintiff's product, "ADIBASI Hair Oil," is a natural herbal hair oil with a unique and distinctive brand, trade dress, label, and packaging.
The plaintiff claims that the defendants have replicated the plaintiff's registered trademarks, trade dress, and overall look and feel of the products, leading to consumer confusion and potential harm to the plaintiff's brand reputation.
The plaintiff's trademark "ADIBASI Hair Oil" is registered in India and is valid and subsisting. The plaintiff has also applied for various other trademarks containing the "ADIBASI" brand, which are currently pending.
The defendants' product closely mirrors the plaintiff's established products, including the packaging, design elements, and overall presentation.
The defendants' use of the impugned products is likely to confuse consumers regarding the origin of the goods, leading to significant consumer confusion and potential harm to the plaintiff's brand reputation.
The court found that the plaintiff has established a prima facie case in its favor and that the balance of convenience is in favor of the plaintiff.
Accordingly the court restrained the defendants from using the impugned products under the mark, trade dress, and label that are identical or deceptively similar to the plaintiff's registered trademarks "ADIBASI HAIR OIL" and "ADIBASI."
Case Citation: Anupam Saxena Vs Shiv Verma: 26.07.2024: CS Comm 610 of 2024:Delhi High Court: Mini Pushkarna H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
