HONASA CONSUMER LIMITED vs CLOUD WELLNESS PRIVATE LIMITED & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 26.09.2025 + CS(COMM) 483/2025 HONASA CONSUMER LIMITED .....Plaintiff versus CLOUD WELLNESS PRIVATE LIMITED & ANR. .....Defendants Advocates who appeared in this case For the Plaintiff : Mr. Ankit Jain, Ms. V. Mohini and Mr. Udayvir Rana, Advocates. For the Defendants : Ms. Mr. Harshit S. Tolia, Sr. Advocate with Mr. Sitesh Narayan Singh & Mr. Rahul Khandelwal, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J I.A. 12474/2025 (U/O XXXIX Rule 1 & 2 of CPC) FACTUAL BACKGROUND 1. The Plaintiff is engaged in the business of marketing and sale of beauty, skin care, personal care and baby products for both adults and children which are sold in India as well as internationally. 2. Defendant No. 1 is engaged in the business of marketing and sale of beauty, skin care and personal care products. Defendant No. 2 is one of the Signature Not Verified CS(COMM) 483/2025 Page 1 of 33 Signed By:NEELAM SHARMA Signing Date:26.09.2025 16:57:35 Directors of Defendant No. 1. 3. The Plaintiff has filed the present Suit for infringement of the Plaintiff’s copyright vesting in the artwork / trade dress / packaging / get-up / layout / colour combination / colour arrangement / overall representation , , , (“Subject Trade Dress”) and passing off on account of the Defendants’ use of the trade dress / packaging / get-up / layout / colour combination / colour arrangement / overall representation , , , (“Impugned Trade Dress”) which is allegedly a reproduction of, deceptively similar to / slavish imitation of the Subject Trade Dress used by the Plaintiff in respect of its range of products under the Trade Mark / brand ‘THE DERMA CO’ / ‘ ’ / ‘ ’ (“Plaintiff’s Marks”). 4. The Plaintiff submits that the Defendants