Delhi High Court Temporarily Restrains Sale Of 'SCALP SAYY' Hair Care Products For Similar To 'SAYY'

The Delhi High Court on 21 August temporarily restrained Bhuva Ankitkumar Jaysukhbhai, a sole proprietor from manufacturing, marketing and selling hair care and cosmetic products under the mark “SCALP SAYY”.

Justice Jyoti Singh found it deceptively similar to the plaintiff Sayy Partnership Firm's trademark “SAYY”. She observed that the “defendant's mark SCALP SAYY subsumes Plaintiff's mark SAYY (word) in entirety.”

The plaintiff claimed to be the prior adopter and user of the mark “SAYY” since May 2025 for soaps, perfumery, cosmetics and hair care products. Its application for registration of the mark had been accepted and published.

It alleged that the defendant, trading under “SCALP SAYY” for products including “Scalp Revival Hair Serum”, had adopted a deceptively similar mark and copied its trade dress and packaging. It also pointed out that the defendant's trademark application was filed later, in May 2026, and remained at a preliminary stage.

The Court held that the prefix “SCALP”, being descriptive of the goods, was “insufficient to distinguish the rival marks”. It found that the plaintiff had established a prima facie case and observed, “Defendant has attempted to sail close to the Plaintiff and encash on the formidable goodwill and reputation built by the Plaintiff in a short span of time.”

Accordingly, the High Court granted an ad interim injunction restraining the defendant from manufacturing, marketing or selling goods under “SCALP SAYY” or any deceptively similar mark amounting to passing off. It also directed the defendant to remove all references to the mark from e commerce platforms and social media within two weeks.

The matter has been listed for further hearing on 14 January 2027.