Moroccanoil Israel Limited vs. Modicare Limited, CS COMM 52/2019

Discretionary relief in the form of an ad interim injunction granted in a suit for trademark infringement filed by Moroccanoil Israel Limited against Modicare Limited and the get up, colour, layout and packaging of its hair care products.

The application was filed under Order XXXIX Rule 1 and 2 CPC seeking an injunction to restrain the defendants from manufacturing and selling, advertising, etc. of any products and services bearing the trademark and logo MOROCCANOIL by itself or any variant or any other trademark or trade name or domain.

The plaintiff has pleaded that the MOROCCANOIL products have been widely sold in India since October 2011 through authorised distributors and approved salons. It is stated that in March 2018 the plaintiff’s attention was drawn to the fact that the defendant is carrying out the business of selling hair care products under its SALON PROFESSIONAL range in the name and style of MOROCCAN ARGAN OIL which is strikingly similar to the products of the plaintiff MOROCCANOIL.

On 26 April 2019, the Hon’ble High Court of Delhi was pleased to pass an ad interim injunction against the Defendant.

Moroccanoil was represented by Pravin Anand, Prachi Agarwal and Ridhie Bajaj.