Just Looking Like a Wow! Delhi High Court orders VBRO Skincare To Stop Imitating Trademark of WOW Skin Science
Just Looking Like a Wow! Delhi High Court orders VBRO Skincare To Stop Imitating Trademark of WOW Skin Science
The single-judge bench referenced the phrase ‘Just looking like a wow,’ which has gained popularity on social media
The Delhi High Court has issued an interim order prohibiting VBRO Skincare from producing or selling its products in packaging that resembles the WOW Skin Science.
The bench comprising Justice Prathiba M Singh also restrained the skincare product manufacturer VBRO from using the mark ‘WQVV’ or any other mark identical or deceptively like ‘WOW’ trademark.
The bench ruled that the defendants’ products had a striking resemblance to WOW products and could potentially be mistaken.
It ordered VBRO and its associates to cease using the marks in the manufacture and sale of their products. They were restrained from manufacturing, selling, or offering for sale any personal care, household products, cosmetics, and household products in a trade dress, color combination, layout, or containers that substantially imitate the plaintiff’s products.
Additionally, the judge directed e-commerce platforms Amazon, Flipkart, and Snapdeal to remove the listings of the defendants’ products from their platforms within 72 hours. She clarified that the order did not prohibit the defendants from using the word ‘WOW’ in a descriptive sense to express surprise or exclamation.
Body Cupid Private Limited, the owner of WOW Skin Science had approached the court alleging that VBRO Skincare was selling identical products under the marks ‘VBRO’ and ‘WQVV’. It had copied and imitated the entire trade dress, layout, color combination, and writing style of the WOW products.
On examining the products, the court observed that imitation was evident in the two products. It emphasized that the containers and products sold by the defendants were almost total imitations of the plaintiff’s products. It thus prohibited VBRO Skincare from producing or selling its products in packaging resembling WOW Skin Science.
