Delhi High Court Temporarily Restrains US-Based Company Spa De Soleil From Using 'Dermatouch' Trademark

“Given the nature of similarity between the two marks, the common distribution channel and the common consumer base, it appears that an unwary consumer with average intelligence and imperfect recollection is most likely to get confused and deceived into believing the goods of the defendant as those of the plaintiff or that those goods are associated with the plaintiff,” the court remarked.

Cloud Wellness Pvt. Ltd. and its director initiated the lawsuit against the US-based Spa De Soleil Inc, asserting that they are the prior adopters and registered owners of the “DERMATOUCH” trademark since 2017 for skincare and cosmetic products.

In its plaint, the company stated that, having built an immense reputation with annual turnover reaching ₹95 crores and earning several "Most Trusted Brand" awards, the US based company was now attempting to “piggyback” on its goodwill by using an identical mark for similar Class-3 products.

They expressed aggrievement over Spa De Soleil's recent entry into the Indian market via platforms like ibhejo.com, the creation of the confusingly similar domain www.thedermatouch.com, and a provocative cease-and-desist notice issued by the US firm in late 2022.

Claiming that such unauthorized use would inevitably deceive consumers of average intelligence and cause irreparable financial and reputational harm, Cloud Wellness sought a an injunction order to prevent the defendant from using the mark or any deceptively similar variants.

The court noted that the use of the trademark “DERMATOUCH” by both the parties clearly demonstrated that the marks are identical. “Though, the trademark of the plaintiff's product is in capital letters and those of the defendant are in small letters, that distinction is not substantial,” it remarked.

Based on these averments, the Court observed, “Evidently, the plaintiff has been able to make out a prima facie strong case in its favour. Having regard to the pleadings and the documentary evidence placed on record, establishing plaintiff's goodwill and reputation in the trademark “DERMATOUCH” the balance of convenience is tilted in the favour of plaintiff. Plaintiff is most likely to suffer irreparable loss and injury which may not be compensated in monetary terms alone in case an ex-parte ad interim injunction is not granted in favour of the plaintiff.”

Accordingly, the court restrained the defendant and its agents from using the “DERMATOUCH” mark or any deceptively similar reproduction.

The judge stated that the defendant must immediately remove all references to the objectionable mark from all online mediums, including social media accounts and e-commerce listings.

The court issued a summons to Spa De Soleil Inc. and listed the matter for further hearing on September 8, 2026.