Delhi High Court - Orders
Berina Cosmetics Pvt . Ltd vs L Oreal on 25 March, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~13 & 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 653/2022
BERINA COSMETICS PVT . LTD. .....Petitioner
Through: Mr. Shailen Bhatia, Mr. Minesh
Andharia, Mr. Jay Shah, Ms. Naina
Gupta, Ms. Preeta Panthaki, Ms.
Deeksha Gulati, Mr. Atif Sayyed,
Advocates.
versus
L OREAL .....Respondent
Through: Mr. Ajay Amitabh Suman and Mr.
Deepak Shrivastava, Advocates for R-1.
Mr. Ashish K. Dixit, CGSC with Mr.
Gautam Yadav, Mr. Umar Hashmi and
Ms. Iqra Sheikh, Advocates for UOI.
(14)
+ CS(COMM) 496/2023 & I.A. 25335/2023
M/S L OREAL INDIA PRIVATE LIMITED AND ANR.....Plaintiffs
Through: Mr. Ajay Amitabh Suman and Mr.
Deepak Shrivastava, Advocates.
versus
M/S PORNSRICHAROENPUN CO. LTD AND ANR. ....Defendants
Through: Mr. Shailen Bhatia, Mr. Minesh
Andharia, Mr. Jay Shah, Ms. Naina
Gupta, Ms. Preeta Panthaki, Ms.
Deeksha Gulati, Mr. Atif Sayyed,
Advocates.
Mr. Kishan Lal, Constituted Attorney of
D-1.
Mr. Aditya Jalan, Director of D-2.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 25.03.2026
1. This Court has heard extensive arguments of Mr. Ajay Amitabh Suman, C.O. (COMM.IPD-TM) 653/2022 Page 1 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 learned counsel appearing on behalf of the plaintiffs in CS(COMM) 496/2023.
2. According to Mr. Suman, learned counsel for the plaintiffs, the past conduct of the defendants does not instill any confidence, and he has, to that extent taken this Court through documents pertaining to the period 2023-24, which were filed by the plaintiffs to indicate disobedience/willful disobedience on the part of the defendants. That apart, Mr. Suman has also taken this Court through the documents which were filed by the plaintiffs on 28.10.2025, according to which on the official website of the defendants, the screenshots pertaining to the official website dated 23.10.2025 clearly display the product of the defendant which is in contravention and violation of the interim order.
3. He submits that the product which has been displayed "Berina Ha-Sp" is in violation of the doctrine of safe distance rule, and in terms thereof, it is actually a violation of this Court's order. In support of his contentions that the defendants have also been violative all through from the last many years, Mr. Suman, very painstakingly, took this Court through a lot of third party e-commerce websites on which ostensibly, according to him, the defendants was violating this Court's order. In fact, Mr. Suman has also taken this Court C.O. (COMM.IPD-TM) 653/2022 Page 2 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 through the listings which show exports of the infringing product or products containing the infringing mark both from Jaipur as well as Delhi. He states that the conduct of the defendants is crystal clear and brooks no ambiguity to the extent that the defendants have no respect for the orders passed by this Court.
4. Learned counsel has also referred to the orders of the Hon'ble Supreme Court dated 21.04.2023 and 17.05.2023 to demonstrate that the defendants have also committed a volte-face, even as far as the directions contained in the orders of the Hon'ble Supreme Court.
5. He states that the proceedings under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, and also under the Contempt of Courts Act, 1971, be initiated against the defendants.
6. Per contra, Mr. Shailen Bhatia, learned counsel appearing on behalf of the defendants, on the other hand, refutes each and every allegation.
7. He states that what Mr. Suman, learned counsel for the plaintiffs has been referring to in the past, regarding the listings on the third party e-commerce websites in the years 2023 and 2024 are concerned, have already been subject matter of the orders passed by this Court. Stating so, learned counsel refers to the orders of this Court dated 19.11.2024 particularly para 19, 20, 21 and 22, which are extracted hereunder:
"19. Mr. Shailen Bhatia, advocate appearing on behalf of the defendants submits that none of the aforesaid listings have been put by the defendants. He further submits that the impugned products are not being sold by the defendants in India.
20. In light of the rival contentions, it is directed that the plaintiffs shall furnish a list of the various e-commerce platforms as well as third-party websites on which the impugned products are listed to the counsel for the defendants within one week. The list so furnished shall be filed in Court.
21. Upon receipt of the aforesaid list, the defendants shall send a communication to each one of those entities within three working days, asking them to delist/take down all the aforesaid listings of the impugned products.C.O. (COMM.IPD-TM) 653/2022 Page 3 of 16
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58
22. The defendants shall file an affidavit within two weeks attaching all the aforesaid communications sent on behalf of the defendants and responses received, if any."
8. Learned counsel states that the defendants were permitted by this Court to communicate with each of the e-commerce websites and to request them to delist/take down all the listings of the impugned products. The defendants were also provided an opportunity to file an affidavit attaching all the aforesaid communications. In support thereof, learned counsel submits that the defendants had filed an exhaustive and a detailed affidavit on 07.12.2024, which is placed with the list of documents filed on 07.12.2024 and is on record explaining each and every step taken by the defendants to comply with the directions of the Court.
9. He states that the aforesaid issue was already settled and thereafter, the Court had also passed an order dated 16.09.2025. In particular, he refers to para 8 to 12 of the said order, which is extracted hereunder:
"8. The plaintiff has taken this Court through the links of the websites on record and the submissions of the plaintiff is borne out. The infringing products are available for sale.
9. The defendant however denies any connection with the sellers or import of goods in India.
10. In these facts, the plaintiff is granted liberty to approach Amazon and third-party e-commerce websites with the copy of this order to seek the details of the vendors [who are selling the infringed products] and are registered on these websites. The e-commerce websites approached by the plaintiff shall provide details within two weeks. The plaintiff will be at liberty to seek impleadment of those vendors to seek appropriate injunction against them.
11. The plaintiff will also be at liberty to communicate to those vendors who are selling infringing products, the order of injunction dated 19.11.2014 with a direction to stop selling the same.
12. The submission of the defendant that it is not exporting goods to India and nor is it facilitating export of goods in India is taken on record; and it is bound down to the same."
10. Based on the observations and directions passed in the order dated C.O. (COMM.IPD-TM) 653/2022 Page 4 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 16.09.2025, he states that the defendants have complied with all the necessary directions which were passed and there is no violation of any order including the injunction order dated 16.09.2025.
11. So far as the listing stated to have been indicated on the official website of the defendants is concerned i.e. dated 23.10.2025, he states that there appears to be an error committed by the defendants in listing the said product. He requests that the defendants be given some time to file an affidavit and demonstrate as to how the error was committed and also tender an unconditional apology in case this Court is of the view or the opinion that disobedience/willful disobedience has been committed by the defendants.
12. Having regard to the above and having perused the orders dated 19.11.2024 as also the order dated 16.09.2025, this Court is of the considered opinion that the issues which have been raised by the plaintiffs in respect of the listings of the years 2023-24 are concerned, there is no more disputes remaining thereto and the defendant has purged itself clearly by giving a detailed and exhaustive affidavit dated 07.12.2024. For the sake of brevity, this Court is not reproducing the entire contents of the said affidavit, however, it would be significant to note the relevant paragraphs, which are as under:
"3. I say that the counsels for the Defendants, on instructions from the Defendants, apprised this Hon'ble Court that the Defendants are in compliance with the Order dated 30.03.2016 of Ld. Additional District Judge, Patiala House Courts and are not using selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using products containing the Defendants' mark Berina along with the description 'Hair Spa' in India. The counsel for the Defendants further elaborated that the listings annexed by the Plaintiffs have not been put by the Defendants. The counsel for the Defendants also highlighted that several of the listings are not for the territory of India.
4. I say that pursuant to the submissions of both parties, this Hon'ble Court directed the Plaintiffs vide Order dated 19 November 2024, to furnish a list of the various e-commerce platforms as well as third-party websites on which the products bearing the mark BERINA along with the description HAIR SPA are listed, within one week to the counsel of the Defendants. The furnished list was also to be filed in Court. I submit that the counsels for the C.O. (COMM.IPD-TM) 653/2022 Page 5 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 Defendants received an email, attaching the said list from the counsels of the Plaintiffs on 23 November 2024 (Saturday) at 12:11 p.m.
5. I say that this Hon'ble Court, vide Order dated 19 November, 2024, had directed the Defendants to send communications to all third party ecommerce platforms and websites to delist/take down all the listings of the products bearing the mark BERINA with the description HAIR SPA within three days of receipt of the list from the Plaintiffs.
6. I say that in accordance with this Hon'ble Court's Order, the Counsel for the Defendants addressed letters to all the third-party platforms and e-commerce websites set out in the Plaintiffs' list dated 23 November 2024 (Saturday) and dispatched the letters by e-mail and/or Registered A.D. within three working days on 27 November 2024 (Wednesday). The copies of the letters addressed to the third party websites and e-commerce websites have been annexed as Document-A (Colly).C.O. (COMM.IPD-TM) 653/2022 Page 6 of 16
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58
7. The list of email addresses of the third party platforms and e-commerce websites on which the letters were sent and their respective delivery status is set out below. The copies of emails sent, and delivery reports have been annexed as Document B(Colly).C.O. (COMM.IPD-TM) 653/2022 Page 7 of 16
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58
8. I say that where physical addresses were available, the Defendants' counsel also sent the letters by RPAD to third party platforms and e-commerce websites. The addresses available for the third party platforms and e-commerce websites on which the letters were dispatched through RPAD and their respective delivery status is set out below. The copies of postal receipts and tracking reports of all the letters have been annexed as Document-C(Colly).C.O. (COMM.IPD-TM) 653/2022 Page 8 of 16
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 C.O. (COMM.IPD-TM) 653/2022 Page 9 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 C.O. (COMM.IPD-TM) 653/2022 Page 10 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58
9. I say that the counsels for the Defendants received replies from few third C.O. (COMM.IPD-TM) 653/2022 Page 11 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 party platforms/e-commerce websites while most third party platforms/e-commerce websites have removed/blocked the listings without replying to the letter sent on behalf of the Defendants. The list of third party entities who have replied to the Defendants' letter and/or have removed/blocked the listings are set out below. Copies of responses received by the counsels of the Defendants from the third party entities and current status of the listings have been annexed as Document-D(Colly).
10. I say that the Defendants have at all times complied with the Orders of this Hon'ble Court. None of the listings set out by the Plaintiffs were made C.O. (COMM.IPD-TM) 653/2022 Page 12 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 by the Defendants in violation of this Hon'ble Court's Orders. Furthermore, the Defendants have also complied with this Hon'ble Court's Order dated 19 November 2024 by addressing communications to all the third party platforms and ecommerce websites. The Plaintiffs have falsely and fraudulently accused the Defendants of violating this Hon'ble Court's Orders in a bid to delay the trial in the present suit and scuttle any reliefs that the Defendants may obtain. It is pertinent to point out the following with respect to the listings provided by the Plaintiff.
a) Listing No. 3-India Mart: I say that the screenshots annexed by the Plaintiffs from the webpage IndiaMart clearly shows that the listings are of Zubin Distributors and Royal Brothers and have not been made by the Defendants.
b) Listing No. 4-JioMart: I say that the listing for the impugned product states that it is marketed by Glide Route Ventures and not the Defendants. Additionally, the product is unavailable.
c) Listing No. 5-YouTube: I say that the first screenshot provided by the Plaintiffs is from Pakistan while other screenshots are customer reviews and have not been uploaded by the Defendants. Screenshot from the channel evidencing that it is based out in Pakistan is as under:
d) Listing No. 6- Facebook: I say that the screenshots annexed by the Plaintiffs are from Pakistan, Nepal and Myanmar and not India.C.O. (COMM.IPD-TM) 653/2022 Page 13 of 16
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58
e) Listing No. 8- Instagram: I say that the screenshots are from Kathmandu, Nepal and Myanmar and not in India as can be seen below and from the C.O. (COMM.IPD-TM) 653/2022 Page 14 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 screenshots annexed by the Plaintiff.
f) Listing No. 10-Lelow Online: I say that the listing annexed by the Plaintiff shows that the product is out of stock.
g) Listing No. 11 - Sinhas Beauty and Cosmetic Zone: I say that the image for the product appears to have been taken from another website as it bears the water mark Thailand on it.
h) Listing No. 12-Flipkart: I say that the product is listed a currently unavailable in the listings annexed by the Plaintiff."
13. Bearing in mind the aforesaid detailed affidavit, and the observations made by this Court in the orders dated 19.11.2024 and 16.09.2025, this Court is of the considered opinion that the issues raised today, in respect of the previous listings, are no more required to be looked into at all.
14. So far as the issue in respect of listing dated 23.10.2025 is concerned, this Court is of the considered opinion that the defendants can be afforded an opportunity to place on record an affidavit clarifying its stand as also tendering C.O. (COMM.IPD-TM) 653/2022 Page 15 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58 any unconditional apology, if so desired.
15. Mr. Kishan Lal, Constituted Attorney of defendant no.1 and Mr. Aditya Jalan, Director of defendant no.2 are present here in person, in terms of the order dated 06.11.2025. It is deemed appropriate to exempt Mr. Kishan Lal, Constituted Attorney of defendant no.1 and Mr. Aditya Jalan, Director of defendant no.2 from physical appearance, however, it is requested that they be present through Video Conferencing on the next date of hearing.
16. The affidavit, as noted above, shall be filed within four weeks. A copy whereof be furnished to the learned counsel for the plaintiff.
17. List on 25.08.2026.
TUSHAR RAO GEDELA, J MARCH 25, 2026/anj C.O. (COMM.IPD-TM) 653/2022 Page 16 of 16 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/03/2026 at 20:33:58