Recently, Blue Heaven Cosmetics Pvt. Ltd successfully enforced its rights in the distinctive packaging which is used in relation to eye liners before the Delhi High Court against a defendant which was using a nearly identical packaging.
The plaintiff claimed that the defendant’s eye liners are sold in a packaging that is virtually identical to that of the plaintiff and that the defendant has copied various elements including the letter styling, colour scheme, placement of various features, colour combination etc. of the packaging.
The court had, in 2021, granted an ex-parte ad interim injunction and restrained the defendant from copying the trade dress of the plaintiff’s eye liners. However, despite repeated summons, the defendant refused to enter appearance before the court or file any response to the suit.
Given this, and in the light of the plaintiff’s submissions, the court decreed the suit in favour of the plaintiff and restrained the defendant from copying the trade dress of the plaintiff’s products. The court stated that considering the fact that the goods in question are used by consumers on their eyes, the standard of quality that is expected is quite high, and the adoption of a nearly identical packaging cannot be a case of innocent adoption. Given this, damages and costs to the tune of INR12 lakhs were awarded to the Plaintiff.
Blue Heaven Cosmetics Pvt Ltd V. Shivani Cosmetics [CS(COMM) 702/2021]. DHC Order dt. May 18, 2022