HC imposes restrictions on cosmetics company 'Joy' from selling products that appear to be similar to that of the company Nivea [Read Order]

The Delhi High Court recently restricted the RSH Global Pvt Ltd. functioning under the brand name Joy, from using, manufacturing, selling, advertising, directly or indirectly dealing in cosmetic products that apparently appear to be similar to that of Beiersdorf AG’s NIVEA with respect to label and trade-dress.

Case of the Plaintiff

Beiersdorf AG reached the High Court after it became of the fact that RSH Global Pvt Ltd had initiated the manufacturing of a product namely “Joy Intense Moisture” moisturizing lotion by using a trade dress which apparently seemed quite similar to its own coco butter moisturizer.

The plaintiff contended that the distinguishing features of its trade dress were apparent from the body of the products. Details of the packaging were given by the plaintiff by stating that the brand name was written in whit font on a dark blue background, had a distinctive blue color which is certainly similar with the product color of the plaintiff’s product, a milk swirl/splash device in white color towards the lower half of the container and cocoa butter in the form of a droplet design in golden color in the middle of the milk swirl/splash device.

Thus the plaintiff alleged the infringement of its trademarks and trade dress, thus contending that the defendant is trying to intrude with the reputation gained by the plaintiff company in the market over period of time.

Case of the Defendant

The defendant however denied all sort of allegations alleged by the plaintiff.

Observation of the Court

In the words of the Court:

“Holistically seen, there is prima facie, every likelihood of an unwary purchaser, of average intelligence and imperfect recollection, confusing the products of the defendants with that of the plaintiff.

The defendant’s product is also contained in a container of similar, even if not identical shape, size, with white letters, on a blue background, the shades of blue also being similar to the naked eye and perhaps, most significantly, a white semicircular splash towards the lower half of the container, which at any rate is, prima facie, a feature distinctive to plaintiff’s product.”

The Court, howoever stated explicitly that the defendant is at liberty if they wish to bring in certain modification in their product. Unti then however restricts were imposed on the mnaufacutre, sale or any kind of direct or indirect dealing of the product challenged above.

Case Details

Name: BEIERSDORF AG v. RSH GLOBAL PRIVATE LIMITED & ANR.

Case No.: CS(COMM) 48/2021

Date of Decision: 28.01.2021

Bench: HON'BLE MR. JUSTICE C.HARI SHANKAR