Delhi High Court has granted an ex-parte ad-interim injunction against M/s Parulben Navnath Chothani, trading as Shiv Enterprise (Defendant No. 1), while dealing with a plea by Sirona Hygiene Pvt. Ltd. against the sale of its “look-alike” and counterfeit products on online e-commerce platforms.
Sirona Hygiene Private Limited (Sirona) is engaged in design, production, manufacture, marketing and sale of various toiletries, feminine health, personal care and intimate hygiene products. Sirona owns the trademark "SIRONA", which was adopted in the year 2016 and registered under Classes 3 and 10.
Sirona found out that various counterfeiting products were being promoted and offered for sale on e-commerce platforms like Amazon, Meesho and Snapdeal by Defendant No. 1 and certain other unknown Defendant (John Doe). Sirona consequently approached the Delhi High Court seeking an injunction.
Sirona claimed that the products were being sold under the identical mark “SIRONA” in an identical trade dress – an area of trademark law that provides for protection against imitation of specific features including packaging or appearance of the product, which hints towards the source of the product. Sirona submitted that in some of the products, a slight alternation was made regarding the mark by using the brand “SIROMA”. Sirona contended that Defendant No. 1 had filed an application for the mark "SIROMA" on a proposed to be used basis, and therefore was liable to be injuncted.
The Court termed the matter as a "classic example" wherein sale of counterfeit/knock-off products had become prolific on e-commerce platforms and need to be injuncted in order to safeguard the interests of not only the trademark owners but also the customers who purchase these products.
The Court noted that the Sirona products are feminine hygiene products where highest degree of care and quality is expected to be adhered to, and under such circumstances the sale of counterfeit “SIRONA” or “SIROMA” branded products in identical containers, colour combination would be nothing but a complete “rip off” for the consumers who may be purchasing these products under the impression that they originate from Sirona.
Accordingly, the Court vide its order dated April 25, 2022 considering that not only might Sirona’s brand be diluted and tarnished by the sale of such counterfeit products but also in the interest of the general public restrained Defendant No.1 from manufacturing, selling advertising, distributing any feminine hygiene products or any other cognate or allied goods under the mark “SIRONA” or “SIROMA” or any mark that is identical or deceptively similar to the mark “SIRONA”.
The court also directed the e-commerce platforms to make a list of the alleged counterfeit products and take down the same within 36 hours from the intimation, failing which stringent action would be liable to be taken up.
