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Moroccanoil Israel Limited Anr vs Modicare Limited on 1 February, 2019

Author: Jayant Nath

Bench: Jayant Nath

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(COMM) 52/2019
      MOROCCANOIL ISRAEL LIMITED ANR...... Plaintiff
                     Through     Mr.Praveen Anand, Ms.Prachi
                     Agarwal and Ms.Ridhie Bajaj, Advs.
              versus
      MODICARE LIMITED                        ..... Defendant
                     Through     Ms.Rajeshwari H., Mr.Saif Rahman
                     Ansari, Mr.Tahir A.J. and Ms.Nupur Goswami,
                     Advs.

      CORAM:
      HON'BLE MR. JUSTICE JAYANT NATH

                           ORDER

% 01.02.2019 IA No.1474/2019 Exemption allowed subject to all just exceptions. Application stands disposed of.

CS(COMM) 52/2019 Let the plaint be registered as suit. Issue summons to the defendants. Learned counsel for defendant has entered appearance. Written statement be filed within the statutory period.

List on 8.2.2019.

This application is filed under Order 39 Rule 1 and 2 CPC seeking an ex parte injunction to restrain the defendant, its partners or proprietor from manufacturing, selling, offering for sale, advertising, etc. any products and services bearing the trademark/logo MOROCCANOIL by itself or with other words or variants or any other trade mark/trade name/domain name. The accompanying plaint is filed for permanent injunction restraining infringement of trademark, copyright, passing off, violation of trade dress dilution, rendition of accounts, damages etc. The plaintiff is stated to have launched their product MOROCCANOIL Oil in other countries in 2007-09. An application for registration was filed in India on 1.2.2008. The application for label was filed on 22.2.2008. It has been pleaded that the MOROCCANOIL products have been widely sold in India since October 2011 through authorised distributors and approved salons. It is stated that in March 2018 the plaintiff's attention was drawn to the fact that the defendant is carrying out the business of selling hair care products under its SALON PROFESSIONAL range in the name and style of MOROCCAN ARGAN OIL which is strikingly similar to the products of the plaintiff MOROCCANOIL I have heard detailed arguments of learned counsel for the parties. Learned counsel for the defendant had sought to rely upon judgment passed in Federal Court of Australia in Moroccan Oil Israel Ltd. vs. Aldi Foods Pty Ltd., 2017 FCA 823 to contend that under similar circumstances the Australian Federation Court had taken a view that there was no infringement of the trademark.

Having seen the trade dress and the trade mark being used by the defendant I am inclined to pass an interim injunction against the defendant.

At this stage, learned counsel for the defendant submits that without prejudice to their rights and contentions defendants would take steps to change the colour scheme of the product in question and any other appropriate change so that the product of the defendant does not violate the trademark of the plaintiff.

In the interest of justice adjourned to 8.2.2019.

By this application the applicant seeks additional time of 30 days to file additional documents. Application is allowed.

By this application it is pleaded that there are certain confidential documents which have been filed and which may be placed in a sealed cover. Application is allowed.

The matter be listed before the Deputy Registrar for sealing of the documents on 5.2.2019.

A copy of the order be given dasti under signatures of the Court Master to learned counsel for the petitioner.

JAYANT NATH, J FEBRUARY 01, 2019 n