A Delhi court has restrained the use of deceptively similar trademark, visually or phonetically, of cosmetic products major 'Nature's Essence' and its sub-brand 'Coloressence'.
The court restrained the defendants from using registered trademarks of M/s Nature's Essence Pvt Ltd.
"...I have no hesitation to hold that prima facie the impugned mark 'Care Essence' of defendant is deceptively similar to the registered trademark of the plaintiff 'Nature's Essence' and 'Coloressence'," Additional District Judge Balwant Rai Bansal said.
"The defendants, their proprietors, associates, dealers are restrained from infringing the registered trademarks 'Nature's Essence' and 'Coloressence' by using the impugned trademark 'Care Essence' with any prefix and suffix or any phonetically or visually similar trademark as that of the plaintiff's (M/s Nature's Essence Pvt Ltd) registered trademarks," the court said.
The court's order came on the civil suit of cosmetic products major M/s Nature's Essence Pvt Ltd seeking injunction restraining the defendants (Ram Kumar Singh, ex-distributor of the company in Bihar and others) from infringement of its trademark.
In its suit, the company said that Singh was one of its distributors for Bihar since 2005 and was carrying on the business of distribution and marketing of the various products but his association with the company had come to an end on March 31, 2014.
It alleged that in June 2014, the company came to know that Singh had started promotion "CARE ESSENCE" range of products in the market, the product it was about to launch and has been contacting various dealers and distributors in Delhi and Bihar.
