Apex Court overrules HC order favouring Gufic Ltd

The Supreme Court today set aside the Delhi high court order which had allowed the Indian company, Gufic Ltd,  to use the name ‘Cliniq’ in its skin care product. The bench headed by Justice B Sudershan Reddy vacated the order on the appeal of Clinique Laboratories against the high court order.

Earlier, the foreign firm selling skin care products had moved a single judge bench of the high court against the use of the word Cliniq by the Indian competitor in similar products. It argued that it would confuse the consumers.

Moreover, it claimed that it had regisered the trade mark in 1978 and it has been using it ever since. It contended that the Indian company came into the market with a deceptive name about 20 years later. The judge passed an injunction against the Indian company in December last.

But Gufic Ltd appealed to a division bench of the high court, which vacated the injunction. Therefore, Clinique appealed to the Supreme Court.

It complained that it was not given a proper chance to argue the case as the court decided the issue in hasty manner. The Supreme Court, after vacating the high court order, sent the dispute back to it for final decision.