Bombay High Court Cracks Down On Repeat Trade Dress Violation, Grants Fresh Injunction To Nova Cream

Bombay High Court Cracks Down On Repeat Trade Dress Violation, Grants Fresh Injunction To Nova Cream

Introduction

The Bombay High Court has granted fresh ad-interim relief in favour of the Nova cosmetic brand, reiterating judicial intolerance towards repeated violations of trade dress injunctions. The Court restrained RV Pharmaceuticals from continuing to use packaging found deceptively similar to Nova’s distinctive dark green and black colour scheme, holding that a prima facie case of breach of earlier injunctions was made out.

Factual Background

The dispute concerns cosmetic cream products marketed under the Nova brand by Dr. Ashok M. Bhat, who claimed long-standing rights over the artistic work and trade dress associated with Nova’s packaging. In 2017, Nova approached the High Court alleging that RV Pharmaceuticals, manufacturers of “Moon” cosmetics, had adopted packaging imitating Nova’s distinctive colour combination, layout, and overall presentation.

An ex parte ad-interim injunction was granted in January 2017 restraining RV Pharmaceuticals from manufacturing and selling creams using the impugned packaging. This injunction was subsequently confirmed and made absolute in January 2021.

Despite the subsisting injunction, Nova alleged that RV Pharmaceuticals had resumed manufacture and sale of creams using packaging substantially identical to the restrained trade dress, necessitating the present application seeking fresh reliefs.

Procedural Background

The present order was passed in an interim application filed within the pending commercial IP suit originally instituted in 2017. Justice Arif S. Doctor considered whether the conduct of RV Pharmaceuticals amounted to a breach of earlier injunction orders and whether further interim protection was warranted. Despite service, RV Pharmaceuticals did not appear before the Court or contest the allegations.

Issues

1. Whether RV Pharmaceuticals had prima facie violated the injunctions granted in 2017 and confirmed in 2021.

2. Whether Nova was entitled to fresh ad-interim reliefs to prevent continued use of the disputed packaging.

Contentions of the Parties

Nova contended that the respondent had deliberately resumed use of packaging that was already found to be deceptively similar and restrained by court orders. It was argued that such conduct showed wilful disregard for judicial directions and justified further injunctive measures and enforcement action.

RV Pharmaceuticals did not appear or advance any submissions, despite service of notice, and did not deny the alleged breach.

Reasoning and Analysis

The Court examined the material placed on record and noted that the packaging currently being used by RV Pharmaceuticals appeared to be in breach of the earlier injunctions. Justice Arif S. Doctor observed that once an injunction has been granted and confirmed, any continued or resumed use of the restrained trade dress amounts to a serious infraction warranting immediate corrective action.

The Court held that Nova had made out a strong prima facie case for grant of interim relief, particularly in light of the respondent’s absence and the apparent continuation of infringing activity. The balance of convenience was found to lie in favour of Nova, as continued violation would dilute its trade dress rights and undermine the authority of court orders.

Decision

The Bombay High Court granted fresh ad-interim relief restraining RV Pharmaceuticals from using packaging deceptively similar to Nova’s trade dress. The Court directed strict compliance with the earlier injunction orders, permitted the Court Receiver to carry out additional search and seizure operations, and required submission of a report regarding goods seized in earlier raids. A representative of RV Pharmaceuticals was directed to remain present at future hearings. The injunction was ordered to remain in force until the next date of hearing.

In this case the plaintiff was represented by Mr. Vinod Bhagat a/w Ms. Sonam Pradhan and Ms. Rashmi Thakur i/b Vinod A. Bhagat, Advocates.