BLUE HEAVEN COSMETICS PVT LTD Vs. SHIVANI COSMETICS

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed by the Plaintiff seeking permanent injunction restraining infringement of registered trademark, trade dress, copyright, writing style, colour combination, label, packaging, passing off goods, delivery up, rendition of accounts of profits along with further damages.

(3.) The Plaintiff " M/s. Blue Heaven Cosmetics Pvt. Ltd. is engaged in the business of manufacturing and sale of cosmetics and other allied goods. It is the case of the Plaintiff that the Defendant has infringed the rights of the Plaintiff in the registered marks "BLUE HEAVEN"/ <IMG>JUDGEMENT_306_LAWS(DLH)5_2022_1.jpg</IMG> and "BLUE HEAVEN GET BOLD" (word as well as formative marks). The Plaintiff adopted the mark "BLUE HEAVEN" in the year 1972 and has been continuously carrying out trade under the said mark. The Plaintiff further adopted the distinctive mark "BLUE HEAVEN GET BOLD" (word/formative marks) in the year 2020.