Vikas Gupta / Neha Herbals Pvt. Ltd. v.Inder Raj Sahni Proprietor M/S Sahni Cosmetics
Delhi High Court · C.O. (COMM.IPD-TM) 355/2021 & C.O. (COMM.IPD-TM) 455/2022
The Delhi High Court addressed a complex trademark dispute over the common name 'NEHA' used in the personal care sector. The Plaintiffs, Neha Herbals, claimed infringement and passing off against Sahni Cosmetics, which uses the mark for creams. While the court acknowledged the Defendant's prior use of the mark for creams, it ultimately found that the Plaintiffs had established continuous use and valid registrations for their goods (Mehandi). Consequently, the suit seeking damages was dismissed, but the cancellation petitions filed by the Defendant were also rejected.