Delhi High Court Rules In Favour Of Korean Brand 'Beauty Of Joseon', Orders Cancellation Of Identical Trademark

The Delhi High Court has ruled in favour of “Beauty of Joseon”, a Korean beauty brand, while ordering cancellation of an identical trademark registered in favour of a man on “proposed to be used basis.”

Justice Amit Bansal allowed the plea moved by Goodai Global Inc, the parent company which owns Beauty of Joseon brand.

It was Goodai Global's case that one Shahnawaz Siddiqu, the respondent, had registered the impugned mark “Beauty of Joseon” on proposed to be used basis after the former entered the Indian market for skin care products and was already widely popular across the world.

It was submitted that the goods claimed under the impugned mark were identical to the goods under Goodai Global's prior trademark which increased the chances of confusion between the parties.

Allowing the plea, the Court noted that Siddiqu had not filed a response to the plea, indicating that he had nothing substantial to put forth on merits. In view of the above, the averments made in the petition are deemed to be admitted, it said.

Noting that Siddiqu had adopted a mark which was almost identical to the mark of Goodai Global, the Court said that the mark “Beauty of Joseon” featured black Hangeul characters spelling “Joseon” and “Mi Nyeo” arranged in two lines at the centre.

“Complementing this arrangement is a red square seal located on the lower right side, encapsulating the white Hangeul text “Cracle In.” The transliteration of the petitioner's device mark is “Joseon Mi Nyeo” and “Cracle In.” Hanguel is the Korean alphabet, which is used to write the Korean language and “Joseon” is a historical Korean dynasty. The term “Joseon” has no relation to any person or place in India. There is absolutely no reason for Respondent No.1 to adopt a device mark of a Korean name, that too in Hanguel (Korean) characters,” the Court said.

It added: “Considering the aforesaid, I am of the view that the impugned mark is likely to cause confusion and deception among the consumers who are ordinary persons of average intelligence and imperfect recollection, especially as the petitioner has been using the petitioner's device mark since the year 2010 and has acquired immense goodwill and reputation thereunder.”

Title: GOODAI GLOBAL INC v. SHAHNAWAZ SIDDIQU & ANR

Citation: 2025 LiveLaw (Del) 142

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