Delhi Court Restrains Surat Trader From Copying Garnier's Vitamin C Serum Packaging
A Delhi Commercial Court has restrained a Surat-based trader from using packaging and trade dress similar to L'Oréal's cosmetic and personal care brand Garnier for its “Bright Complete Vitamin C Booster Serum.” The court held that the imitation amounted to trademark infringement and passing off. The order was passed on October 29 by District Judge Savita Rao of the Commercial Court,...
A Delhi Commercial Court has restrained a Surat-based trader from using packaging and trade dress similar to L'Oréal's cosmetic and personal care brand Garnier for its “Bright Complete Vitamin C Booster Serum.” The court held that the imitation amounted to trademark infringement and passing off.
The order was passed on October 29 by District Judge Savita Rao of the Commercial Court, Saket, in a suit filed by L'Oréal S.A. The company sought protection for its “Garnier Bright Complete” mark and packaging design against imitation by the Surat-based trader, who was selling a similar product called “Vedant Bright Complete Vitamin C Booster Serum.”
L'Oréal said its Garnier Bright Complete serum, launched in 2020, has distinctive packaging featuring unique colours, bottle shape and label style. It alleged that the trader copied these elements in a way that could mislead consumers into believing the product was associated with Garnier.
On October 18, 2024, the court had already granted an ex parte interim injunction stopping the sale of the disputed products. Despite receiving notice, the trader neither appeared before the court nor filed a reply.
Since the trader failed to appear or file a reply, the court proceeded under Order VIII Rule 10 of the Civil Procedure Code, which empowers the court to pronounce its judgment when a party does not submit a written statement within time.
After reviewing L'Oréal's evidence, the court found that the trader's packaging was confusingly similar to Garnier's and likely to cause deception among consumers. It observed that the defendant had infringed L'Oréal's trade dress and copyright by reproducing its distinctive label and colour combination.
“Since plaintiff has submitted on record and established by way of documentary submissions that defendant has infringed the impugned trade dress/label/colour combination of plaintiff; passed off its goods as that of the plaintiff; infringed the plaintiff's copyright in the said trade dress/label/colour combination by using, publishing, reproducing the same. Suffice it is, if the trade dress/label/colour combination of defendant is likely to cause confusion in mind of general public.”, the court observed.
Although the trader later stopped using the infringing packaging, the court said his conduct justified an award of nominal damages.
The court made the earlier injunction permanent and restrained the trader and his associates from using any packaging identical or deceptively similar to Garnier's. It also awarded damages of Rs 2,00,000, including litigation costs, to L'Oréal.
Case Title: L'Oreal S.A. v. Yetish Kantibhai Shekhada
Case Number: CS (COMM) No. 478/2024
For Plaintiff: Advocate Shravan Bansal