LI Network
Published on: December 16, 2023 at 16:05 IST
The Delhi High Court has issued an interim order restraining VBRO Skincare, a skincare product manufacturing company, from manufacturing or selling products with packaging or layout similar to those used by WOW Skin Science.
Justice Prathiba M Singh ordered VBRO to cease using marks such as ‘WQVV’ or any other mark identical or deceptively similar to WOW’s trademark.
Referring to the viral expression “Just looking like a wow!” on social media, the court held that the defendants’ products could be passed off as the plaintiff’s products.
The court directed e-commerce platforms Amazon, Flipkart, and Snapdeal to remove listings of the defendants’ products within 72 hours. However, the order doesn’t restrict defendants from using the word ‘WOW’ in a descriptive sense.
Body Cupid Private Limited, the owner of WOW Skin Science, brought the case to the High Court, alleging that VBRO Skincare was selling identical products, copying the entire trade dress, get-up, layout, color combination, and writing style of WOW products.
After examining the physical products, the court concluded that the imitation was evident in the trade dress, get-up, and color combination of the two products.
The court emphasized that the containers and products sold by the defendants closely resembled the plaintiff’s products, leading to the issuance of an interim order.