Aztec Secret is a company incorporated under the laws of United States of America and is engaged in the business of manufacturing and selling of healing clay, facial cleansers, facial beauty masks, essential oils, apple cider vinegar, etc. particularly used for skin care and rejuvenation under its trademarks AZTEC SECRET since 1986.

Aztec Secret has been actively using its trademarks/ trade dress/ trade name/ artistic work "AZTEC SECRET//” for its products since the year 2013 in India. Aztec Secret has also been selling, advertising its products through its own website i.e., www.aztecsecret.com and through various e-commerce websites such as Amazon, Go India Organics, Tata 1mg etc. The goodwill and reputation of its products is acknowledged by several popular magazines including Vogue, Business Insider, Valley, Allure, New York Post, Cosmopolitan, etc.

Aztec Secret came to know that, the Defendants were violating their statutory and common law rights by infringing their original artistic work and were also passing-off their goods by adopting identical trademarks/ trade dress “AZTEC SECRET/ /  / ” & domain name www.aztecsecret.in.

R K Dewan & Co. on behalf of Aztec Secret approached the Delhi High Court, restraining the Copyright and Trademark Infringement as well as Passing off. The Hon’ble Court vide its Order granted an ex parte ad interim injunction, restraining the Defendants and held that the marks “AZTEC SECRET/ /  / ” were identical to the Aztec Secret’s registered copyright in original artistic work  and its registered trademarks “AZTEC SECRET/ ”.

The Court was pleased to appoint a two Local Commissioners to inspect, sign and take charge of the account ledgers/cash books/accounts books, manufacture and/or import records pertaining to the sale etc. of the products bearing the infringing marks.

Thereafter, the R K Dewan & Co. team assisted the Local Commissioner to investigate and conduct a smooth and successful raid at the premises of the Defendants in Karnataka & Delhi. The Defendants also undertook to provide the Statement of Accounts, books of accounts, invoices of the infringing trademark “Aztec Secret” along with the sample of label bearing the infringing marks.

This case reflects R K Dewan’s expertise in taking swift and well-strategized actions which lead to timely and effective results.