IPR Weekly Highlights (66)

TRADEMARK

DELHI HC RULES IN FAVOR OF SOUTH KOREAN BEAUTY BRAND

Goodai Global Inc. (Petitioner) a South Korean beauty and cosmetic distribution company operating in 54 countries under the brand name 'Beauty of Joeson', filed a trademark rectification against Shahnawaz Siddiqu (Respondent) in the Delhi HC. The Respondent had registered the" Beauty of Joseon" mark in India for goods and services similar to those offered by the Petitioner; on a proposed to-be-used basis in class 3.
The HC observed that a bare perusal of the two marks shows, they are nearly identical and likely to confuse consumers. It further observed that the Respondent had no valid reason to use a device mark of a Korean name in Hangul characters and appeared to be attempting to trade on the established goodwill of the Petitioner. Consequently, the HC ordered the removal of the impugned trademark No. 5635163 in class 3 from the Register of Trade Marks.