The Bombay High Court (Bombay Bench) granted an ad-interim injunction restraining the defendant from using a trademark and trade name deceptively similar to the plaintiff’s registered trademark “THE BODY CARE” in the business of cosmetic products.
The suit was filed by the plaintiff, engaged in manufacturing and marketing cosmetic, skin, and hair care products under the trademark “THE BODY CARE” since 1987. The device mark was registered in 2009 without disclaimer. The plaintiff became aware of the defendant’s infringing retail shop in Goregaon, Mumbai in October 2025.
The defendant’s usage of “THE BODYCARE SHOP” began around 2021. The plaintiff sought protection against trademark infringement and passing off by the defendant, who operated a retail shop under the name, claiming that the defendant’s usage copied the essential features of its trademark, thereby causing confusion and damage.
The defendant was served but did not appear for the hearing. Prior trademark registration of the plaintiff was supported with user details and significant goodwill and reputation in the market. The defendant had also filed for registration of the similar mark “THE BODYCARE SHOP” in class 3 for identical goods, reinforcing the plaintiff’s contention of infringement.
The plaintiff highlighted the direct copying of the essential features of the registered trademark despite the addition of a descriptive suffix “SHOP,” which the court held to be immaterial in light of the overall similarity and likelihood of consumer deception.
The Bench comprising Justice Sharmila U. Deshmukh found prima facie proprietary rights and exclusive use of the trademark “THE BODY CARE” vested in the plaintiff. A side-by-side comparison of the two marks showed that the defendant bodily lifted the essential features of the plaintiff’s mark. The defendant’s use was likely to cause deception and damage and amounted to trademark infringement and passing off.
The Court granted an ad-interim injunction restraining the defendant and their associates from using the mark “THE BODYCARE SHOP” or any deceptively similar mark in relation to cosmetic goods. The court ordered seizure of all offending goods and materials in possession of the defendant and appointed a court receiver with significant powers to ensure compliance. The order continues till the next listing on 4 December 2025.
Appearances:
For the Applicant/Plaintiff: Mr. Vinod Bhagat a/w. Ms Apeksa Mehta, Ms Rashi Thakur, Ms Sonam Pradhan and Ms Twisha Singh i/by Mr Vinod Bhagat.
