Relief for Body Cupid Private Limited – Karnataka High Court restrains the sale of products under the marks which are identical and similar to Wow Skin Science

25th March, 2023 - 6:00 am Categories: Trademark 0 Comments

Body Cupid Private Limited, a leading manufacturer of premium-quality personal care and wellness products, owns the brands WOW SKIN SCIENCE, WOW LIFE SCIENCE and BODY CUPID. The products under the brand, are being sold under the brand since the year 2014.

Recently, Body Cupid became aware that one Mr. Gaurav Bhadani, through Mahadev Enterprises based in Gujarat, is selling counterfeit/spurious personal care and wellness products under deceptively similar and identical mark, WAW SKIN COSMO/ .  These counterfeit products were sold under a trade dress, trade mark and design identical to that of the product range of Body Cupid Pvt. Ltd., thereby raising serious concerns over public health and goodwill in general as these products are widely sold on e-commerce platforms, retail outlets and also through website www.buywaw.com.

Body Cupid had approached the Ld. Commercial Court, Bangalore through a suit for permanent injunction and damages. As the summons to the opposite side could not be served despite multiple attempts due to incorrect address mentioned by them on their website, www.buywaw.com and on their counterfeit products, Body Cupid had approached the Hon’ble High Court of Karnataka through Writ Petition as these counterfeit products were continued to be actively sold on e-commerce platforms and through retail stores.

The Hon’ble High Court of Karnataka, on admitting the Writ Petition, was pleased to grant an interim relief restraining  Gaurav Bhadani, his agents or people associated with him from using the mark /WAW SKIN COSMO or any other mark, identical similar to WOW SKIN SCIENCE/, trade dress and registered design of Body Cupid for manufacturing, selling, advertising, marketing, exporting, directly and indirectly, products  through e-commerce platforms, their website www.buywaw.com or through any other domain, till the next date of hearing.

Body Cupid Private Limited is represented by Tarun Khurana, Abhijeet Deshmukh, Arjun Santhosh and Deeksha Prakash of Khurana and Khurana Advocates and IP Attorneys before Ld. Commercial Court and Hon’ble High Court of Karnataka at Bangalore.

Author: Arjun Santhosh, Senior Associate at  Khurana & Khurana, Advocates and IP Attorney. in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com