The plaintiff, Dr. Reddy’s Laboratories Limited, a well-established pharmaceutical and cosmetic products manufacturer incorporated in 1985, filed a suit seeking permanent injunction and other reliefs including passing off, dilution, tarnishment, damages, rendition of accounts, and delivery up against Ms. Sarita trading as Vensia Herbals and other related entities. The plaintiff has been marketing its skincare products under the coined and registered trademark ‘VENUSIA’ since 2002 (Class 5) and 2018 (Class 3), which has gained wide recognition in India and abroad. It also runs a dedicated website under the domain www.drreddysvenusia.com.
In January 2025, the plaintiff discovered that Defendant No. 1, a proprietorship firm, and Defendant No. 2, operating the website www.vensiaherbals.com, were selling skin care products under the deceptively similar mark ‘VENSIA’. They had also applied for registration of the impugned marks under Class 3 and 5. The plaintiff claimed that the infringing mark was visually, structurally, and phonetically similar to ‘VENUSIA’, with only a minor modification by omitting the letter ‘U’. The plaintiff asserted that this act was deliberate to deceive consumers and implied a connection with the plaintiff’s established brand.
The matter was brought before the court through an application seeking urgent ad interim relief on grounds of infringement. The court noted that the defendant’s mark ‘VENSIA’ was deceptively similar to the plaintiff’s ‘VENUSIA’, especially since both marks were used for similar categories of pharmaceutical products meant for human use. The court emphasized that such deceptive similarity could cause irreparable harm to both the plaintiff and the general public due to the sensitive nature of the products.
After examining the pleadings, documents, and comparative product images, the court held that the plaintiff had made a prima facie case for infringement. The balance of convenience favored the plaintiff, and there was a serious risk of public deception.
Consequently, the court granted an ad interim injunction restraining Defendant Nos. 1 and 2, and all persons acting on their behalf, from manufacturing, selling, advertising, or offering for sale any goods under the impugned mark ‘VENSIA’. The court further directed the relevant domain registrar and online platforms to block access, de-index, or take down infringing content and listings, and directed the defendants to disclose all platforms where the infringing products were listed. The matter was renotified for further proceedings.
