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Neutral Citation No.2022/DHC/004949

6. As per the plaint, in March 2018, it came to the knowledge of the Plaintiffs that the Defendant is carrying on business of selling hair care products in the name and style of "MOROCCAN ARGAN OIL" which is strikingly similar to the Plaintiffs range of "MOROCCANOIL" products. It came to the attention of the Plaintiffs that get up, color, layout and packaging of the Defendants product was similar to the Plaintiffs range of "MOROCCANOIL" products. Upon further inquiries, the Plaintiffs became aware that the infringing products in question were being made available to the public via the Defendants website "www.modicare.com" as well as on online shopping websites such as Amazon, Flipkart, Ebay etc. Consequently the Plaintiffs sent a cease and desist letter to the Defendant dated 17 th April, 2018. The Defendant issued an interim reply to the same seeking particulars of the Plaintiff‟s use of the registered mark "MOROCCANOIL" in India. This was followed by another letter dated 14 th May 2018 whereby the Plaintiff‟s supplied a copy of the order of this Hon‟ble Court in CS(OS) 1332/2014 which granted an ex parte ad interim order in favor of the Plaintiffs. In its reply, the Defendant stated that the copy of the order failed to provide any information on the actual use of the mark in India and that they would revert with a detailed reply. In their detailed reply dated 30th May 2018, the Defendants admittedly stated that they had been selling a range of products under the trademark "SALON PROFESSIONAL MOROCCAN ARGAN OIL" since 2017 for hair oil, hair shampoos and conditioners through their centers and website respectively. However, the Defendant failed to show details with respect to any trademark application/registration pertaining to the trademark and trade dress of "MOROCCANOIL". Even Neutral Citation No.2022/DHC/004949 after the aforementioned communication, the Defendant continued to sell the infringing products till 18th January, 2019.

About the Defendant and the contentions

12. The Defendant claims to be company incorporated under the laws of India operating under the name and style of "MODICARE LIMITED" and is doing various businesses of trading including but not limited to wellness, skin care and make up.