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Trademark Infringement and Triple Identity Case

The case of NYKAA vs. OYKAA revolves around a dispute concerning the use of a similar trademark, which has raised concerns about the protection of established brand identities. In this analytical legal article, we will delve into the details of the case, examining the key elements of trademark infringement and the application of the "triple identity" test, as seen in the judgment by the Hon'ble High Court of Delhi.

Background of the case:
The Plaintiff, NYKAA, has been engaged in the manufacturing, sale, and distribution of a wide range of cosmetic and wellness products under the trademark 'NYKAA' since 2012. They have secured trademark registrations for 'NYKAA' in various classes, not only in India but also in several other countries, including Singapore, UAE, United Kingdom, Bangladesh, Kuwait, and Qatar. The Plaintiff's extensive presence in the cosmetics industry, both in terms of products and geographic reach, highlights the significance of their brand identity.

On the other hand, the Defendants filed an application for the trademark 'OYKAA' for a substantial array of cosmetic products in class 3. Furthermore, the Defendants are actively marketing these products and maintain an online presence through the website This situation gave rise to concerns regarding trademark infringement, necessitating a legal intervention to protect the Plaintiff's rights.

Application of the "Triple Identity" Test:
The Hon'ble High Court of Delhi relied upon the precedent set in the case of "Ahmed Oomerbhoy Vs. Gautam Tank (2007 SCC OnLine Del 1685)" to assess the case. In the aforementioned case, the word 'Postman' and the device mark 'Postman' were registered trademarks. The Court in that case held that since the impugned mark, 'Super Postman,' was similar, the goods were the same, and the area in trade was common, the test of "triple identity" was satisfied, establishing a case for infringement and passing off.

In the NYKAA vs. OYKAA case, the Court made a similar observation. It was determined that the services and goods offered by both parties were identical. The trade channels and the customer base also overlapped significantly. The Defendant's mark, 'OYKAA,' was found to be not just similar but almost imitative and identical to that of the Plaintiff's mark, 'NYKAA.' These observations collectively indicated the fulfillment of the "triple identity test" in favor of the Plaintiffs.

Relief Granted:
With the "triple identity" test satisfied, the Hon'ble High Court of Delhi granted interim injunctive relief in favor of the Plaintiff and against the Defendant. This relief effectively prevents the Defendant from using the infringing mark, 'OYKAA,' for their cosmetic products. This decision underscores the court's commitment to protecting the Plaintiff's established brand identity and preventing consumer confusion in the marketplace.

The Concluding Note:
Trademark infringement cases such as NYKAA vs. OYKAA serve as crucial legal mechanisms for protecting brand identities and ensuring fair competition in the marketplace. The application of the "triple identity" test, as established in legal precedents, provides a clear framework for assessing infringement cases.

The Case Law Discussed:
Case Titled: Fsn E-Commerce Ventures Ltd Vs Nykaa E-Retail Pvt. Ltd.
Date of Judgement/Order:12/10/2023
Case No. CS(COMM) 726/2023,
Neutral Citation No: NA
Name of Hon'ble Court: High Court of Delhi
Name of Hon'ble Judge: Prathiba M Singh, H.J.

Information and discussion contained herein is being shared in the public Interest. The same should not be treated as substitute for expert advice as it is subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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