Delhi High Court Restrains Manufacturers From Selling Cosmetic Products Using Similar Packaging Of 'Blue Heaven'

The Delhi High Court recently restrained two manufacturers from selling cosmetic products under the mark 'Namo Navkar' using imitative and identical packaging of Blue Heaven's eyeliner, mascara and kajal.

Justice Prathiba M Singh observed that the use of identical artwork and packaging is likely to create deception amongst the consumers that the products of the two manufacturers also emanate from that of Blue Heaven.

“Defendants' use of a similar mark/ packaging in similar combinations not only raises concerns about potential confusion but also suggests an attempt to free ride on the Plaintiff's established reputation,” the court observed.

Blue Heaven filed the suit against Anish Jain and Atinder Kumar Jain who were manufacturing and selling cosmetics under the mark 'NAMO NAVKAR'.

As per the suit, the manufacturers were selling Eyeliner, Mascara and Kajal by adopting similar expressions and using the words 'GET BOLD' which was changed to 'NEW BOLD', being identical to Blue Heaven's products.

“Under such circumstances, the Court is convinced that the Plaintiff has made out a prima facie case for grant of an ad interim injunction. Considering the products in question are cosmetic products, the balance of convenience is also clearly in favour of the Plaintiff,” the court said.

It added: “Accordingly, the Defendants and anyone acting for and/or on their behalf shall stand restrained from using, manufacturing, offering for sale the following three cosmetic products which are imitative of the Plaintiff's products and packaging.”

The matter will now be heard on May 15.

Title: M/S BLUE HEAVEN COSMETICS PVT LTD v. MR ANISH JAIN TRADING AS M/S NAVKAR COSMO & ANR.

Citation: 2024 LiveLaw (Del) 29

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