Delhi High Court Orders AU Naturel to Transition Trademark Amid Dispute

AU Naturel instructed to adopt "BE NEUDE" to resolve trademark conflict with Wet And Dry Personal Care Pvt. Ltd.

In a significant ruling, the Delhi High Court has directed AU Naturel Beauty Private Limited to alter its trademark from "NEUDE" to "BE NEUDE" by June 1, 2026, as part of an interim relief in an ongoing trademark infringement case. The decision was made to prevent consumer confusion and balance trademark protection with business interests.

The case involves a trademark dispute between AU Naturel, the appellant, and Wet And Dry Personal Care Pvt. Ltd., the respondent, over the usage of trademarks "NEUDE" and "NEUD" respectively. Both parties are engaged in the cosmetics and personal care market, holding their respective trademark registrations.

The court, presided over by Justices Prathiba M. Singh and Rajneesh Kumar Gupta, noted that the appellant's mark "NEUDE" was registered in 2022, but the respondent had prior use and registration rights dating back to 2017. The respondent's counsel argued that the appellant's trademark caused confusion and was deceptively similar to their registered trademark "NEUD."

To address this issue, the court has allowed AU Naturel to sell its existing stock of "NEUDE" branded products until May 31, 2026, while mandating a transition to the "BE NEUDE" mark. This transition aims to protect the respondent's trademark rights while minimizing financial hardship for the appellant.

Additionally, the court ordered AU Naturel to provide a detailed account of their current stock and ensure the new trademark "BE NEUDE" maintains uniformity in font, colour, and size. The transition plan includes stipulations to prevent the sale of "NEUDE" branded products post-transition date.

The court has also maintained a deposit of Rs. 50 lakhs by AU Naturel with the Registrar General, which will remain until the final judgment of the suit. The trial court has been directed to expedite the proceedings and consider appointing a Local Commissioner for evidence recording.

This ruling underscores the judiciary's role in balancing trademark enforcement with business operations, ensuring fair competition and clarity in the marketplace. The decision reflects a nuanced approach to resolving intellectual property disputes, providing a structured pathway for resolution while safeguarding business interests.

Bottom Line:

Trademarks - Interim relief in trademark infringement cases - Court directed the appellant to transition from using the mark "NEUDE" to "BE NEUDE" to avoid confusion, ensuring fair protection of trademarks and interests of both parties.

Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29, Commercial Courts Act, 2015 Section 13

AU Naturel Beauty Private Limited v. Wet And Dry Personal Care Pvt. Ltd., (Delhi)(DB) : Law Finder Doc Id # 2822167