Delhi High Court Restrains Use Of ‘OYKAA’ Mark In Trademark Infringement Suit By ‘NYKAA’, Directs Suspension Of Website

The Delhi High Court has restrained owner of an online website selling makeup and skincare products from using the mark “Oykaa” or any other mark similar or identical to “Nykaa” which is an e-commerce company which sells beauty, wellness and fashion products. Justice Prathiba M Singh directed that the website www.oykaa.com and other online listings shall also be taken down immediately.“Insofar as the website www.oykaa.com is concerned, the website shall be placed under lock and suspension by the concerned DNR. If the Defendants do not take down the said website, the Plaintiffs (Nykaa) are given the liberty to approach the concerned DNR for locking and suspending the said domain name,” the court said. Noting that Oykaa’s products are also listed on third party websites such as India Mart, Amazon and Flipkart, the court directed the online platforms to also take down the said listings, if they are not taken down by the website owner. The court was dealing with Nykaa’s suit alleging infringement of its trademark by one Pintu Kumar Yadav, owner of Oykaa, as well as the manufacturer of the latter’s products. Nykaa claimed that the defendants had adopted the mark ‘OYKAA’ which was deceptively identical to its mark ‘NYKAA’ despite the absence of the letter ‘N’. It was submitted that there can be no justification for the adoption of its mark as well as regarding a similar look and feel for the website in respect of identical goods and services i.e., cosmetic products.The court observed that the adoption of the defendants was quite recent and that the mark, name and overall look and feel of Oykaa’s website gives a clear impression that the Defendants were making a “deliberate attempt” to imitate and copy Nykaa’s mark only to gain monetarily by such deception. Granting ad-interim injunction in Nykaa’s favour, the court observed that balance of convenience was in favour of Nykaa, considering that the products in the present case were cosmetic, healthcare and wellness products and that the quality of such products is of utmost importance. “Such products are for personal use of consumers. If the Defendants are not injuncted in the present case, it will cause irreparable loss/ harm not only to the Plaintiffs business but also to the customers using such products who are under the garb that the same is being manufactured by the Plaintiffs,” the court said.Counsel for Plaintiffs: Mr Saikrishna Rajagopal, Mr Vivek Ayyagari, Mr Angad S Makkar & Mr Rishabh Rao, Advs.Counsel for Defendants: NoneTitle: FSN E-COMMERCE VENTURES LTD & ANR. v. PINTU KUMAR YADAV & ANR.Citation: 2023 LiveLaw (Del) 1011Click Here To Read Order

Delhi High Court Restrains Use Of ‘OYKAA’ Mark In Trademark Infringement Suit By ‘NYKAA’, Directs Suspension Of Website

Nupur Thapliyal

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