MARICO LIMITED Vs. KAYA KALP AYURVEDA PVT LTD

JUDGEMENT

(1.) PLAINTIFF No. 2 is a wholly owned subsidiary of plaintiff No.1-company. Initially, it was incorporated in the name of KAYA Beauty Services Limited which was later changed to KAYA Aesthetics Limited and then to KAYA SKIN CARE Limited. Lastly, the name of plaintiff No. 2 was changed to KAYA Limited on 14.12.2007. It is alleged in the plaint that plaintiff No. 2-company was incorporated primarily with the objective of providing health care, aesthetics, beauty and personal care services and is a pioneer in the field of skin and hair care treatment and products. The word 'KAYA' forms parts not only of the corporate name of plaintiff No. 2, but also of various trademarks being used by it for products such as sunscreen, moisturizing cream, cleansing gel, etc. as well as in respect of various services related to skin and hair care treatments. Plaintiff No. 2-company claims to be running about 100 clinics in India and abroad under the brand name KAYA SKIN CLINIC and claims to have clientele of over 5 lakh customers. The plaintiff claims to be using the trademark KAYA since 2002. The following trademarks are registered in the name of plaintiff No.1-company:-

(2.) THE following are the trademarks registered in the name of plaintiff No. 2:-

(3.) THE defendant is a company incorporated in March, 2011 and is alleged to be selling various beauty products under the mark Kayakalp/Kaya. One such product is stated to be KAYA SUN SAFE which is a sunscreen lotion. The defendant is also operating a website bearing the domain name www.kayakalpindia.in. It is alleged that the defendant is providing beauty services through their solutions named KAYAKALP POINT, KAYAKALP IMPACT and KAYAKALP INSTITUTE and KAYAKALP AYUSHCHITIKSA. It is alleged that the product and services in relation to which the name KAYA is being used by the defendant are identical and analogous to the products and services which the plaintiffs are selling using their registered trademarks and use of the word/mark KAYA by the defendant is dishonest, intended to take advantage of the reputation and goodwill which the brand of the plaintiff enjoys in the market. The plaintiff has accordingly sought an injunction, restraining the defendant from using the trading style/corporate name/trademark KAYA or any other mark which is identical or deceptively similar to the plaintiffs' registered trademarks. The plaintiffs have also sought rendition of accounts and delivery up of the infringing material.