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Showing contexts for: cosmetics in M/S Gufic Ltd. & Another vs Clinique Laboratories, Llc & Anr on 9 July, 2010Matching Fragments
5. The learned single Judge had observed that the respondent No.1 / plaintiff No.1 was the registered proprietor of the trademark „CLINIQUE‟ since 13.07.1981 in respect of cosmetics, creams, lotions and oils used in cleansing etc, falling under class 3 of the goods and services specified in the 4th schedule to the Trade Marks Rules, 2002 (hereinafter referred to as „the said Rules‟). The learned single Judge also noted that the respondents / plaintiffs were also the proprietors of the registered trademark -
"CLINIQUE WATER THERAPY", CLINIQUE MOISTURE SURGE and CLINIQUE SKIN SUPPLIES FOR MEN" in respect of cosmetic and toilet preparations with effect from 1992. The respondents / plaintiffs were also the registered proprietors in respect of the trademark "CLINIQUE & C DEVICE" with effect from 04.05.1978 in respect of allergy tested cosmetics. A host of other trademarks are also owned by the respondents / plaintiffs, most of which include the word "CLINIQUE". According to the respondents / plaintiffs, CLINIQUE is the most distinguishing feature of its trademarks and the same has been in use worldwide since 1968 and has been used by the respondents / plaintiffs in India since 2007. It has also been noted by the learned single Judge, on the basis of the pleadings, that the respondents / plaintiffs learnt about the registration of the appellants‟ / defendants‟ mark "SKINCLINIQ" and use of the label „SKINCLINIQ STRETCH NIL‟ on or about September, 2006.
8. Before we examine the merits of the case, it would be appropriate to set down the registered trademarks of the appellants / defendants as well as of the respondents / plaintiffs. The appellant No.1 is the registered proprietor of the trademark „SKINCLINIQ‟, SKINCLINIQ STRETCH NIL‟ and a series of other marks featuring the word „SKINCLINIQ‟ in India as given below:
No. Registrat Date of Trade Mark Class Goods
ion Registration
1. 832825 17-12-1998 SKINCLINIQ 3 Cosmetics & Toilet
Preparation
2. 821801 05-10-1998 SKINCLINIQ 5 Pharmaceutical &
Medical Preparation
3. 832826 17-12-1998 DERMACLINIQ 3 Cosmetics & Toilet
Preparation
4. 821802 05-10-1998 DERMACLINIQ 5 Pharmaceutical &
Medical Preparation
5. 878515 27-09-1999 SKINCLINIQ 3 Cosmetics & Toilet
STRETCH NIL Preparation
(Label)
6. 878512 27-09-1999 SKINCLINIQ 5 Pharmaceutical &
STRETCH NIL Medical Preparation
(Label)
9. The respondent No.1, on the other hand, is the registered proprietor in India of the trademark „CLINIQUE‟, by itself, and a series of marks featuring the word „CLINIQUE‟, the particulars of which are as under:-
Registration Date of Trade Mark Class Goods
Registration
378364 13.7.1981 CLINIQUE 3 Cosmetics creams, lotion &
oils in cleansing creams,
lotions and make-up,
astringent, face powder,
foundation, bases, rouges,
eye make-up preparation,
mascara, eye linen eye
shadow and pencil, eye
make-up remover, lipsticks
hair sprays, bath oils and
anti-perspirants in class 3
572656 6.5.1992 CLINIQUE 3 Cosmetics and toilet
WATER preparations
THERAPY
572657 6.5.1992 CLINIQUE 3 Cosmetics and toilet
MOISTURE preparations
SURGE
572658 6.5.1992 CLINIQUE 3 Cosmetics and toilet
SKIN preparations
SUPPLIES FOR
MEN
336229 4.5.1978 CLINIQUE & C 3 Allergy tested cosmetics &
DEVICE toiletries, including anti-
perspirants
598136 26.5.1993 CLINIQUE IN 9 Computer chip cards for
TOUCH use in the selection of
cosmetics and skin care
products
743399 10.12.1996 CLINIQUE 5 Medicated anti-itch skin
EXCEPTIONA cream in class 5.
LLY
SOOTHING
CREAM FOR
UPS
774195 31.10.1997 CLINIQUE 3 Cosmetics, toiletries and
HAPPY perfumery
902703 9.2.2000 CLINIQUE 3 Skin care preparations
ANTI-
GRAVITY
1001157 3.4.2001 CLINIQUE 3 Cosmetics, toiletries and
GENTLE perfumery in class 3
LIGHT