{"id":148010,"date":"2026-02-13T08:51:00","date_gmt":"2026-02-13T03:21:00","guid":{"rendered":"https:\/\/www.bananaip.com\/intellepedia\/?p=148010"},"modified":"2026-02-13T08:51:00","modified_gmt":"2026-02-13T03:21:00","slug":"too-good-to-be-true-the-alps-rosemary-water-trademark-infringement-case","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/too-good-to-be-true-the-alps-rosemary-water-trademark-infringement-case\/","title":{"rendered":"Too good to be true: the ALPS Rosemary Water Trademark Infringement case"},"content":{"rendered":"

In the case of Manash Lifestyle Private Limited vs Maruti Enterprises and Ors.<\/em>, the plaintiff discovered online listings on Flipkart offering products under names such as \u201cAPLS\u201d and \u201cALPS GOODNES\u201d that closely copied its registered mark \u201cALPS GOODNESS\u201d and its product packaging. The promotional images, bottle design, colour scheme, layout, and descriptive text were reproduced in toto. The court examined whether this conduct amounted to trademark infringement, passing off, dilution, copyright infringement, and unfair competition.<\/p>\n

Background<\/strong><\/h2>\n

The plaintiff (Manash Lifestyle) has been manufacturing and selling cosmetics under the registered trademark ALPS GOODNESS. It launched ALPS GOODNESS ROSEMARY WATER in July 2023. The mark ALPS GOODNESS was registered under the Trade Marks Act, 1999, and the packaging and artistic label of the product were protected under the Copyright Act, 1957.<\/p>\n

In September 2025, the Manash Lifestyle discovered that Defendant Nos 1 to 3 (Maruti Enterprises and Ors<\/em>) were selling products on Flipkart using marks such as \u201cAPLS\u201d and \u201cALPS GOODNES\u201d, along with identical product images and packaging. The listings were offered through a seller account on Flipkart. The plaintiff filed a commercial suit seeking a permanent injunction, damages, and other relief. An ex parte ad interim injunction was granted and later made absolute. Defendants 1 to 3 did not contest the proceedings. Defendant No 4, Flipkart, filed a written statement and undertook compliance with the interim order.<\/p>\n

Questions Before the Court<\/strong><\/h2>\n
    \n
  1. \n
      \n
    1. Whether the use of the marks APLS, ALPS GOODNES, and similar variations infringed the registered trademark ALPS GOODNESS?<\/li>\n
    2. Whether the copying of packaging, label, colour scheme, layout, and promotional images amounted to passing off and trade dress infringement?<\/li>\n
    3. Whether the acts of Defendant Nos 1 to 3 constituted dilution and unfair competition?<\/li>\n
    4. Was Defendant No 4, as an e-commerce platform, liable to remove and disable infringing listings?<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

      Arguments by the Plaintiff<\/strong><\/h2>\n

      The Plaintiff argued that it was the registered proprietor of the trademark ALPS GOODNESS and the owner of copyright in the artistic packaging and label.<\/p>\n

      It submitted that Defendant Nos 1 to 3 had deliberately copied the mark, packaging, trade dress, colour scheme, bottle design, layout, descriptive text, and promotional images. The use of APLS and ALPS GOODNES was deceptively similar to ALPS GOODNESS and was intended to mislead consumers.<\/p>\n

      The plaintiff further contended that such conduct amounted to infringement under the Trade Marks Act, passing off, dilution, unfair competition, and copyright infringement.<\/p>\n

      With respect to Defendant No 4 (Flipkart), the plaintiff sought directions for removal and permanent disabling of infringing listings.<\/p>\n

      The image below shows a side-by-side comparison of the Plaintiff\u2019s product and the Defendant’s infringing product.<\/p>\n

      \"Side-by-side<\/p>\n

      Arguments by the Defendants<\/strong><\/h2>\n

      Flipkart submitted that it had complied with the interim order and undertook to remain in compliance, subject to being informed about future infringing URLs.<\/p>\n

      Defendants 1 to 3 did not appear or contest the suit.<\/p>\n

      Court\u2019s Analysis <\/strong><\/h2>\n

      Trademark Infringement and Trade Dress Copying<\/strong><\/h3>\n

      The court observed that the first visual impression of the defendants\u2019 listings revealed verbatim reproduction of the plaintiff\u2019s official product photographs. The court stated that the bottle shape, colour palette, label design, descriptive text, layout, and arrangement of elements were copied in toto.<\/p>\n

      The court said that every detail, including placement of the ALPS GOODNESS logo and the expression \u201cROSEMARY WATER – For Thicker & Shinier Hair,\u201d had been identically reproduced. According to the court, this was not mere resemblance but a calculated duplication intended to pass off counterfeit goods as those of the plaintiff.<\/p>\n

      The court observed that the plaintiff was the registered proprietor of the trademark ALPS GOODNESS and enjoys statutory rights under the Trade Marks Act. It further stated that the packaging and label constituted original artistic works within the meaning of Section 2(c) of the Copyright Act, 1957.<\/p>\n

      The court observed that the unauthorized reproduction of the mark, label, trade dress, and packaging without license amounted to clear infringement under both the Trade Marks Act and the Copyright Act.<\/p>\n

      On passing off, the court stated that the direct reproduction of promotional imagery and trade dress was intended to deceive consumers into believing that the goods originated from the plaintiff. The court held that such conduct clearly constituted passing off and misrepresentation.<\/p>\n

      Dilution and Unfair Competition<\/strong><\/h3>\n

      On the issue of Trademark dilution and unfair competition, the court observed that the conduct of Defendant Nos 1 to 3 was a clear instance of deliberate and systematic counterfeiting. The court stated that such willful and calculated imitation strikes at the very foundation of the trade identity of the Plaintiff and causes irreparable injury to its goodwill, reputation, and consumer confidence.<\/p>\n

      The court also noted that adoption of identical packaging and branding results in dilution, tarnishment, and erosion of the distinctiveness of the registered mark. The court restrained the defendants from committing any act resulting in dilution or unfair competition.<\/p>\n

      Liability of E-Commerce Platforms<\/strong><\/h3>\n

      The court passed a decree directing Defendant No 4 to remove, delist, and permanently disable all infringing listings, URLs, product pages, advertisements, and promotional material relating to counterfeit goods.<\/p>\n

      The court further directed Defendant No 4 to ensure that such listings are not re-uploaded or reinstated and to exercise due diligence to prevent recurrence, subject to being informed by the Plaintiff about fresh infringing URLs.<\/p>\n

      Thus, the court recognized the obligation of the e-commerce platform to act upon notice and prevent continued infringement on its platform.<\/p>\n

      Ruling and conclusion<\/strong><\/h2>\n

      The court decreed the suit in favour of the plaintiff and granted a permanent injunction against Defendant Nos 1 to 3 restraining them from using the marks ALPS GOODNESS, APLS, ALPS GOODNES or any deceptively similar mark or packaging. The court directed Defendant No 4 (Flipkart) to remove and permanently disable infringing listings from its platform.<\/p>\n

      The court awarded Rs 10 lakhs as damages and Rs 2 lakhs as costs, holding Defendant Nos 1 to 3 jointly and severally liable.<\/p>\n

      Case Citation: <\/strong>Manash Lifestyle Private Limited vs Maruti Enterprises and Ors.<\/em>, CS (Comm.) No. 877\/2025, decided on 12 February 2026, Commercial Court 06, South East District, Saket Courts, New Delhi.<\/p>\n

      Available on https:\/\/indiankanoon.org\/doc\/149536015\/<\/a><\/p>\n

      Authored by Gaurav Mishra, BananaIP Counsels<\/p>\n","protected":false},"excerpt":{"rendered":"

      Delhi Court awards \u20b910 lakh damages in ALPS GOODNESS trademark infringement case, holding sellers liable for counterfeiting and directing Flipkart to disable listings.<\/p>\n","protected":false},"author":12,"featured_media":148012,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":215,"footnotes":""},"categories":[5495,6,11],"tags":[31,12538,12536,12537,110,1160,4582,41,1790],"class_list":["post-148010","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-case-reviews","category-intellectual-property","category-trademarks","tag-copyright-infringement","tag-dilution","tag-e-commerce-liability","tag-flipkart-liability","tag-intellectual-property-law-2","tag-passing-off","tag-trade-dress-infringement","tag-trademark-infringement-2","tag-unfair-competition"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/148010","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=148010"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/148010\/revisions"}],"predecessor-version":[{"id":148014,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/148010\/revisions\/148014"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media\/148012"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=148010"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=148010"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=148010"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}