Delhi High Court Passes John Doe Order In Favour Of 'Ghar Soaps', Directs E-Commerce Websites To Block Infringing Listings

The Delhi High Court has passed a john doe order protecting artistic rights of “Ghar Soaps”, a brand manufacturing natural and chemical free skincare products, in its suit against various unknown entities alleging trademark and copyright infringement over use of deceptively similar packaging.

Justice Manmeet Pritam Singh Arora observed that the trademark 'GHAR SOAPS' has acquired substantial goodwill and reputation in the market and has also become a “well-recognized brand.”

It added that the distinctive qualities of “Ghar Soaps” products, coupled with their unique presentation and marketing, enabled the Plaintiff- YMI Ghar Soaps Private Limited, to develop a “strong brand association” in minds of the public.

The Court directed e-commerce platforms like Amazon and Flipkart to block or suspend the infringing listings, including those pertaining to john doe (unknown) defendants.

“In case, any other third party is found to be infringing upon/violating the Plaintiff's brand and business and packaging, Plaintiff will be at liberty to approach Defendant Nos. 12, 14 and 15 for suspending the said infringing listing by making a written request addressed to the grievance officer and copied to the counsel appearing in this matter,” the Court said.

The suit stated that a market investigation revealed that various unidentified Defendants were selling infringing products on e-commerce websites with deceptively similar packaging, titles, metadata, and presentation as that of Ghar Soaps.

Ghar Soaps specifically impugned usage of defendants' marks like 'GHOR SOAP' and 'HAMARE GHAR KA SOAP'. It was alleged that the e-commerce websites were permitting unauthorised and infringing sellers to unlawfully 'latch on' to Ghar Soaps' trademarks and branding. 

It was submitted that various counterfeit products of unidentified Defendants had latched on to Ghar Soaps' goodwill due to the feature made available to them by e-commerce platforms and that the entities were using 'GHAR SOAPS' images and trademark to sell counterfeit products of inferior quality at a lower rate.

Passing the interim injunction order, the Court said that the unidentified defendants and rogue entities were illegally listing counterfeit products by using Ghar Soaps' packaging, trade dress and presentation and were acting with mala fide intent to ride upon the brand's goodwill.

It said that an average consumer will not be able to distinguish the counterfeits from Ghar Soaps' products and that the likelihood of confusion was “inevitable.”

The Court restrained the defendants from using Ghar Soaps' trademarks, distinctive packaging or proprietary trade dress, including 'Ghor Soaps', 'Ghars Soap' and 'Hamare Ghar Ka Soap'.

It further restrained the unknown entities from copying or adopting Ghar Soaps' copyrighted works or any other artwork, unique packaging, marketing creatives or taglines which is the substantial imitation of the brand's packaging, trade dress, get-up, colour combination or branding.

“If any seller, which is not primarily an infringing seller, is blocked in pursuance of the present order, it is permitted to approach this Court by giving an undertaking that it does not intend to do any illegal selling of any counterfeit goods, and the Court would consider modifying the injunction accordingly,” the Court said.

The matter will now be heard on November 25.

Counsel for Plaintiff: Mr. Chander M. Lall, Sr. Adv. with Mr. Subhash Bhutoria and Ms. Anuja Negi, Advs

Counsel for Defendants: Mr. Saikrishna Rajgopal with Mr. Akshay Maloo, Adv. for D-12; Mr. Dheeraj Nair and Mr. Angad Baxi, Advs. for D-13 and 14; Mr. Saikrishna Rajgopal with Mr. Vivek Ayyagari, Ms. Mishti Dubey and Mr. Abhay Aren, Advs. for D-15; Ms. Nidhi Raman, CGSC along with Mr. Om Ram, Adv. for Defendant No. 16

Title: YMI GHAR SOAPS PRIVATE LIMITED v. ASHOK KUMAR TRADING AS BENDIST EXPORT HAMARE GHAR KA SOAPS & ORS

Click here to read order