Delhi High Court
Oriflame India Pvt. Ltd. vs Dinender Jain & Ors. on 8 July, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 30th May, 2019
Date of decision : 8th July, 2019
+ CS (OS) 91/2019
ORIFLAME INDIA PVT. LTD. ......Plaintiff
Through: Mr. Balbir Singh, Senior Advocate,
with Mr. Mahesh B. Chhibber, Mr.
Karan Chopra, Ms. Mehak Khanna &
Mr. S.N. Thyagrajan, Advocates
(M:9818430581)
versus
DINENDER JAIN & ORS. .....Defendants
Through: Mr. Jayant Mehta, Mr. Manav Kumar,
Ms. Nupur & Mr. Sajal Jain Advocate
for D-2 (M:9810233743)
Mr. Saikrishna Rajagopal, Mr.
Sidharth Chopra, Ms. Sneha Jain, Ms.
Savni Dutt, Mr. Devvrat Joshi, Ms.
Nilofar Absar and Mr. Abhijit
Vachher, Advocates for Defendant
No.6 (M:9810621272)
Mr. Waize Ali Noor (Central Govt.
Pleader) for UOI (M:8527837602)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
Prathiba M. Singh, J.
I.A.2238/2019 (u/Order XXXIX Rules 1 and 2 CPC) in CS(OS) 91/2019
1. A batch of seven suits viz. CS (OS) 410/2018, CS(OS) 453/2018, CS
(OS) 480/2018, CS(OS) 531/2018, CS(OS) 550/2018, CS(OS) 75/2019 and
CS(OS) 91/2019 having overlapping issues were heard by this Court from
time to time. The interim application filed in this suit has been disposed of
vide a detailed common judgment dated 8th July, 2019, in CS(OS) 410/2018.
For detailed judgment, refer to CS(OS) 410/2018.
2. However, the operative portion of judgment dated 8th July, 2019, in
respect of the present application, reads as under:
"336. The Plaintiff in the present suit is M/s Oriflame
India Pvt. Ltd. The injunction application, qua
Defendant No.1 - Mr. Dinender Jain, Defendant No.2
- M/s Cloudtail India Pvt. Ltd., Defendant No.3 - M/s
Vardhman Training Company, Defendant No.4 - M/s
Kusum Enterprises, Defendant No.5 - M/s Wholesale
Hub, and Defendant No.6 - M/s Amazon Seller Services
Pvt. Ltd. is disposed of in the following terms:
a) Defendant Nos.1 to 5, i.e., the sellers are restrained by
an interim order of injunction from advertising,
displaying, offering for sale products of the Plaintiff,
namely Oriflame products, on the e-commerce
platform www.amazon.in or on the mobile application
- Amazon Online Shopping, or any other ecommerce
platform or online mobile applications, without the
consent of the Plaintiff - Oriflame.
b) Defendant No.6 - Amazon Sellers Services Pvt. Ltd. is
restrained from displaying, advertising, offering for
sale, selling, facilitating repackaging of any of the
Plaintiff - Oriflame's products on its website
www.amazon.in and mobile application Amazon
Online Shopping, except of those sellers who produce
written permission/consent of the Plaintiff for listing of
the Oriflame products on the Amazon platform/mobile
application.
c) In case of the sellers, if any, who produce consent
given by the Plaintiff-Oriflame, allowing sale of its
products through e-commerce platforms, Defendant
No.6 - Amazon shall, clearly, provide the name,
address and contact details of the said sellers,
including the telephone numbers, email address, etc.,
in a prominent manner, along with the product
description.
d) If the Plaintiff finds during the pendency of the suit that
any of the sellers have displayed its products on the
Amazon platform or mobile application without its
consent, then it shall give notice to Amazon for taking
down the listings of such sellers, which shall be duly
taken down within a period of 36 hours by Amazon."
3. The I.A. stands disposed of in the above terms.
PRATHIBA M. SINGH
JUDGE
JULY 08, 2019/dk
