Recently, in a suit filed by Blue Heaven Cosmetics Pvt Ltd. (“Plaintiff”), the Delhi High Court restrained the defendants from using the Plaintiff’s BLUE HEAVEN trade marks/ copyright/ trade dress/ overall get up, etc.
The Plaintiff averred to be the prior user and registered proprietor of various BLUE HEAVEN formative marks in relation to cosmetics products. The Plaintiff also claimed to have filed applications for the trade dress for products sold under the BLUE HEAVEN mark. The Plaintiff alleged that the defendant is using an exact replica of the Plaintiff’s trade dress for its products sold under the BLUE FASHION mark thus causing damage to the Plaintiff’s reputation and diluting the well-known mark of the Plaintiff.
The Plaintiff also stated that it has no objection to use of the defendant’s BLUE FASHION mark as long as it does not use the infringing trade dress/get-up.
On the basis of comparison between the rival trade dress, stylization etc., the Court held that the Plaintiff had established a prima facie case and the balance of convenience was in its favour. Accordingly, the court granted an ex-parte injunction in favour of the Plaintiff, restraining the defendants from making, selling, advertising and dealing in any manner cosmetic goods and related services in the infringing trade dress/get-up. However, the Court permitted the defendant to use its BLUE FASHION mark strictly in the terms of its registration.
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