BLUE HEAVEN COSMETICS PVT LTD Vs. MIDIE COSMETICS

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed by the Plaintiff seeking permanent injunction restraining the Defendant from infringement of its trademark/trade dress/copyright/writing style/ writing style/colour combination/label/packaging/ and reliefs for passing off goods, delivery upon, rendition of accounts of profits along with further damages, relating to the mark 'BLUE HEAVEN GET BOLD' and its formative marks. The Plaintiff is a company engaged in the business of manufacturing, marketing and trading in a range of cosmetic products. The Plaintiff is the registered owner of the word mark 'BLUE HEAVEN', its formative marks as well as the following marks which were adopted by it in 1972-

(3.) The Plaintiff is using the mark 'BLUE HEAVEN' in a distinctive logo form in blue colour, and various variants thereof, for the last several years. The mark 'BLUE HEAVEN' is also registered/pending registration in various foreign countries such as China, West Indies, Israel, Nigeria, Malaysia, United Kingdom, Yemen, UAE, etc. In 2020, the Plaintiff is stated to have adopted the mark 'BLUE HEAVEN GET BOLD (word/formative marks)' in a distinctive label/packaging/trade dress, as under: