Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop

16th September, 2023 - 10:37 am Categories: Trademark 0 Comments

Urbaine Consumer India Private Limited is a leading entity engaged in marketing and selling ecologically conscious, cruelty-free and safe skincare, hair care, body care and wellness products under its brand “The Wellness Shop”. On becoming aware of counterfeit versions of its “Turmeric Facial Wax” being sold on e-commerce platforms, Urbaine Consumer India Private Limited approached the Commercial Court at Bangalore through a suit for permanent injunction and damages against infringement and passing off. The suithas been instituted against known and unknown defendants (John Doe/Ashok Kumar) since various counterfeit listings are under generic brands.

On 12.09.2023, after having heard the Urbaine Consumer India’s counsel and perused the material placed before it, the Ld. Commercial Court found that a prima facie case had been made out and granted an ex parte ad interim injunction restraining the Defendants from using, in any manner,the trademarks “The Wellness Shop”, “Turmeric Facial Wax” or trade dress of the Urbaine Consumer India’s products, till the next date of hearing. Further, the Ld. Commercial Court directed the Defendants to take down counterfeit product listings/URLs/links from e-commerce platforms, websites and retail stores, till the next date of hearing. Notably, the Ld. Commercial Court has recognized the need to protect the Urbaine Consumer India’s statutory and common law rights against unknown infringers as well and passed the above order against all such persons (John Doe/Ashok Kumar).

Urbaine Consumer India Private Limited is represented by Tarun Khurana, Abhijeet Deshmukh, Amarjeet Kumar, Arjun Santhosh and Anvita G. Joshi of Khurana & Khurana, Advocates and IP Attorneys before Ld. Commercial Court at Bangalore.