The High Court of Delhi granted an ex-parte interim injunction in favour of Clinique Laboratories and its Indian-licensed user of the Clinique trademark, ELCA Cosmetics, restraining Gufic from using the mark Cliniq or any other mark deceptively similar to Clinique.
The Clinique mark has been under dispute in India since September 2006 according to Rahul Chaudhry, partner at Lall Lahiri & Salhotra, when Clinique Laboratories came across an application by Gufic for registration of the mark Skin Cliniq Stretch Nil. An opposition in relation to this mark filed by Clinique and an application for rectification to remove another mark from the Register of Trade Marks is also pending.
Inquiries by Clinique Laboratories revealed that the mark was being used in India in respect of an anti-stretch marks treatment. “After numerous letters to Gufic to stop the use of the mark Cliniq went unanswered and even a proposal to co-exist, provided the mark Cliniq was changed to Clinic, was not favourably responded to, a suit for restraining Gufic from using the mark Cliniq was filed,” said Chaudhry.
Chaudhry says it was contended in the suit that the defendants were attempting to take undue advantage of the reputation and goodwill that is associated with the mark by creating an impression that they are related to Clinique Laboratories and the Esteé Lauder Companies.
“The High Court, while appreciating this fact, has said that the plaintiffs have made a reasonable prima facie case and has allowed the petition restraining the defendant from infringing the Clinique registered trademark by an interim injunction from using the word Cliniq by itself or in conjunction with other words or any other trademark deceptively similar to the plaintiff’s mark in relation to their goods or in any other manner whatsoever,” said Chaudhry. “By passing the ex-parte interim order, the Court has prevented irreparable harm being caused to the Clinique mark, which was in danger of being diluted by its unauthorised use by unscrupulous traders.
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