Bombay HC Restrains Use Of 'LAVIE LUXURY' Mark For Perfumes Over Similarity With Bagzone's 'LAVIE'

The Bombay High Court on 7 July 2026 granted an ex parte ad-interim injunction restraining Shweta Agrawal, a seller from using the mark “LAVIE LUXURY” for perfumes and colognes, holding that it was deceptively similar to the registered “LAVIE” family of marks owned by Bagzone Lifestyles Pvt Ltd.

Justice Madhav J. Jamdar passed the order after the defendant failed to appear or file a reply despite being served and granted an additional opportunity to contest the proceedings, and appointed a Court Receiver to search and seize infringing stock. He observed:

“This is the case where although the notice has been given to the Defendant, neither the Defendant has appeared nor any reply has been filed to the Interim Application.”

Bagzone Lifestyles, which manufactures and retails luxury goods, perfumes and fashion accessories, claimed that it conceived and adopted the “LAVIE” mark in 2009 and had continuously used it since July 2010. The company stated that it held registrations for “LAVIE” from 2009, along with registrations for “LAVIE LUXE”, “LAVIE SPORT” and a “Lavie Luxe” label, among other LAVIE-formative marks registered from 2012 onwards.

It informed the Court that in the first week of November 2025, it discovered that Shweta Agrawal was selling perfumes and colognes under the mark “LAVIE LUXURY” through her website, e-commerce platforms and social media accounts.

The Court noted that despite service of summons and being granted a further opportunity to appear on 3 July 2026, the defendant remained absent. It recorded that the defendant's failure to appear meant that the plaint's contents remained uncontroverted. While comparing the rival marks, it held:

“Bare perusal of the trade mark 'LAVIE LUXURY' which is being used by the Defendant, shows that it is identical and or deceptively similar to the registered trade mark 'LAVIE' (word), 'LAVIE LUXE' (word), (label) and 'LAVIE SPORT' (word) of the Plaintiff.”

Finding that Bagzone had made out a case for interim protection, the Bench held that it was “necessary to pass the ad-interim order as sought by the Applicant/Plaintiff.”

Accordingly, the High Court restrained the defendant from using “LAVIE LUXURY”, the domain name lavieluxury.in, or any other mark deceptively similar to Bagzone's registered LAVIE marks in relation to perfumes, colognes or allied goods. It directed the Additional Special Receiver to submit a report by 8 September 2026 and the Court Receiver to submit a report by 21 September 2026.

The matter is listed for further hearing on 23 September 2026.