CLUES NETWORK PVT LTD Vs. LOREAL

JUDGEMENT

(1.) These two appeals arise out of a common set of facts, involve the same Appellant and give rise to the same questions of law and are accordingly being disposed of by this common judgment.

(2.) This appeal is directed against an order dated 12th November, 2018 passed by the learned Single Judge in CS(COMM) No. 980/2016 and IA No. 24186/2014.

(3.) The said suit was filed by the Respondent (Plaintiff) (L'OREAL) against M/s Brandworld (Defendant No.1) and the present Appellant (Defendant No.2). The suit was for permanent injunction to restrain the Defendants from using manufacturing, marketing, stopping, selling, displaying, advertising through internet on the online market place through the website of the present Appellant i.e. www.Shopclues.com, using the Plaintiff's trademark L'OREAL with or without the word Paris or any other word/mark which will be identical with or deceptively similar to the Plaintiff's said trademark L'OREAL in relation to their impugned use of business and cosmetics and other related/light products or from doing any act amounting to infringement of the Plaintiff's registered trademark, passing off or violation of the Plaintiff's rights in the said trademark violating its proprietary rights and infringing its copyright in the L'OREAL label.