VISAGE BEAUTY AND HEALTHCARE PRIVATE LIMITED vs FREECIA PROFESSIONAL INDIA PRIVATE LIMITED & ANR.

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21.11.2025 + CS(COMM) 633/2022 & I.A. 15016/2022 I.A. 383/2023 VISAGE BEAUTY AND HEALTHCARE PRIVATE LIMITED .... Plaintiff Through: Mr. Vaibhav Vutts, Ms. Aamna Hasan and Ms. Aarya Deshmukh, Advocates versus FREECIA PROFESSIONAL INDIA PRIVATE LIMITED & ANR. ......Defendants Through: None % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): I.A. 15016/2022(under Order XXXIX Rule 1 & 2) 1. This is an application filed by the Plaintiff under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 (‘CPC’) seeking for interim injunction against the Defendants. 2. The Plaintiff has filed the present suit with respect to infringement of its trademarks and copyright in its three (3) products, which are as follows: a. O3+ Bridal Facial Kit Radiant & Glowing Skin. b. O3+ Bridal Facial Kit Vitamin C Glowing Skin. c. O3+ Shine & Glow Kit. 3. The Defendant No. 1 is engaged in selling various skin care and Signature Not Verified CS(COMM) 633/2022 DigitallyPage Signed1 of 25 By:MOHIT Signing Date:23.11.2025 14:30:24 cosmetic products under its house mark ‘PROADS’. The subject matter of the suit are its products known as ‘Proads Bridal Facial Kit Radiant Smooth Glowing Skin’, ‘Proads Bridal Facial Kit Vitamin C Enriched Glowing Skin’ and ‘Proads Facial Kit Shine & Glowing Skin’ [‘impugned products’]. 4. The Plaintiff’s grievance stems from the fact that the Defendant No. 1 has verbatim copied the original literary work with respect to the contents of ‘ingredients’ and ‘steps to use’ mentioned on the Plaintiff’s products on its own impugned products and in the process, the Plaintiff’s trademarks ‘D- TAN’[Plaintiff’s Product (a) as above], ‘SHINE & GLOW’ and ‘DERMOMELAN [P