Delhi High Court Orders Taken Down Of Amazon Listings Selling Counterfeit Alps Goodness Rosemary Water
The Delhi High Court has restrained two Amazon sellers from selling counterfeit products bearing Manash Lifestyle Private Limited's 'ALPS GOODNESS' trademark, including its popular Rosemary Water.
The Court has also directed Amazon to take down the counterfeit product listings and disclose the sellers' KYC and GST details.
Justice Vikas Mahajan passed the interim order on November 2 while hearing the company's trademark and copyright infringement suit against Mayur Dhanji Hanat, Zelta Enterprises, Diya Enterprises Gallery and Amazon Seller Services Private Limited.
Manash Lifestyle, which operates the online beauty and wellness platform Purplle, told the Court that Zelta Enterprises and Diya Enterprises Gallery were selling counterfeit versions of its ALPS GOODNESS Rosemary Water through Amazon, using the company's genuine product listings.
The company submitted that it had purchased products from both sellers and found their packaging, artwork, labels and trade dress virtually indistinguishable from its original product, apart from certain discrepancies.
It also alleged that the counterfeit products carried copied manufacturer and customer care details, as well as its marketing licence.
The company further informed the Court that the counterfeit products were accompanied by promotional leaflets depicting its Rosemary Water as the 'OLD LOOK' and a product bearing the mark 'BUFF OUT' as the 'NEW LOOK', suggesting that the latter was an improved successor to its product.
After examining the material on record, the Court observed that the defendants were prima facie selling counterfeit products using identical trademarks, copyright and trade dress, thereby violating the plaintiff's statutory and common law rights.
The Court observed that Manash Lifestyle had made out a prima facie case for an ex parte interim injunction and that it would suffer irreparable loss if relief was denied.
Accordingly, it restrained the two sellers from manufacturing, selling, advertising or dealing in products bearing identical or deceptively similar marks and packaging. It also restrained them from circulating the promotional material linking BUFF OUT Rosemary Water with the plaintiff's product.
Amazon was directed to immediately delist the identified counterfeit listings without removing genuine products sold by the plaintiff or its authorised sellers.
It was further directed to disclose the sellers' registration details, including GST and KYC particulars, within two weeks.
The matter will next be heard on March 2, 2027.
For Manash Lifestyle: Senior Advocate Swathi Sukumar with Advocates Nageshwar Kumhar, Ayush Dey, Ritik Raghuwanshi, Rishika Aggarwal and Anshu Tulsyan
For Defendant: Advocates Srishti Dhaundiyal and Gyanendra Rathor for D-3