Factual Background:
The petitioner, Manash Lifestyle Private Limited, is the proprietor of the well-known trademark "PURPLLE", which has been in use since 2011 for cosmetics and skincare products. The respondent, Doyita Dreams, sought to register and use the trademark "PURPLLE TREE", which incorporates the petitioner’s mark. The petitioner contended that the respondent's mark was deceptively similar, leading to confusion among consumers.
Procedural Background:
The petitioner filed an opposition before the Trade Marks Registry against the respondent’s application, citing prior use and reputation. The petitioner also secured ex-parte ad-interim injunctions in previous cases involving similar marks (e.g., CS (COMM) 704/2024 and CS (COMM) 143/2024). Despite service of notice, the respondent failed to appear in court, leading to an ex-parte hearing.
Reasoning of the Court:The court noted that the entire "PURPLLE" mark was adopted by the respondent, with only the addition of "TREE," which was not a distinguishing factor. Given the petitioner’s long-standing reputation, the court concluded that the respondent's adoption could not be considered bona fide.The court emphasized that mere registration in a different class does not validate dishonest adoption.
Decision:
The court held that: The respondent's "PURPLLE TREE" mark was confusingly and deceptively similar to the petitioner’s "PURPLLE" mark. The adoption of the mark was dishonest and likely to mislead consumers. The respondent’s registration was ordered to be rectified and removed from the Trademark Register.
Case Title: Manas Life Style Vs Viraj Harjai
Date of Order: 10.03.2025
Case Number: C.O. (COMM.IPD-TM) 212/2024
Neutral Citation: 2025:DHC:2158
Court: Delhi High Court
Hon'ble Judge:Hon'ble Justice Mini Pushkarna,H.J.
