Showing posts with label Astha Jain Vs Ashok Kumar. Show all posts
Showing posts with label Astha Jain Vs Ashok Kumar. Show all posts

Friday, August 1, 2025

Astha Jain Vs Ashok Kumar

Case Title: Astha Jain Vs Ashok Kumar 
Date of Order: July 18, 2025
Case Number: CS (COMM) 502/2025
Name of Court: High Court of Delhi 
Name of Judge: Hon’ble Mr. Justice Amit Bansal

The plaintiffs, engaged in the manufacture and sale of personal care and wellness products under trademarks such as ‘AYUVYA’, ‘BOOBEAUTIFUL’, ‘i-GAIN+’, and ‘IMFRESH’, filed a commercial suit seeking relief against trademark and copyright infringement, passing off, and related acts by multiple defendants. Plaintiff no.1, Managing Director of plaintiff no.2, originally designed the ‘AYUVYA’ logo in 2019, which was later assigned to her from a sister concern through a deed dated July 20, 2022. The plaintiffs also obtained trademark registrations for ‘i-GAIN+’ and ‘IMFRESH’ in July 2025 and have pending applications for ‘BOOBEAUTIFUL’. The plaintiffs claimed a turnover of approximately ₹26 crores for the financial year 2023–24 in connection with their products bearing the ‘AYUVYA’ mark.

The plaintiffs alleged that defendants no.2 to 21 were engaged in the sale of counterfeit products bearing their trademarks via e-commerce platforms operated by defendants no.22 to 29. They contended that the counterfeit products were deceptively similar to their own and intended to mislead consumers, thereby causing confusion and infringing upon their intellectual property rights.

On examining the pleadings and evidence presented, the Court found a prima facie case in favour of the plaintiffs. The Court held that the impugned products appeared to be counterfeit versions of the plaintiffs’ goods and that defendants were attempting to misrepresent association with the plaintiffs’ business. The Court concluded that continued sale of these infringing goods would cause irreparable harm to the plaintiffs' goodwill and mislead the public.

Certain defendants, including defendants no.2 to 7 and 20, voluntarily stated before the Court that they were not using the impugned marks and agreed to take down product listings from various e-commerce platforms such as Amazon, IndiaMart, Flipkart, Meesho, Facebook, and Instagram. Defendant no.20 further confirmed that a listing using the mark ‘BOOBEAUTIFUL’ had been removed and undertook not to sell infringing products going forward.

In view of these submissions and on consideration of balance of convenience and potential irreparable harm, the Court passed an interim order restraining defendants no.2 to 21 from using the marks ‘AYUVYA’, ‘BOOBEAUTIFUL’, ‘i-GAIN+’ and ‘IMFRESH’ till the next date of hearing. The defendants were also directed to ensure removal of infringing listings from all relevant platforms.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

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