The Supreme Court on Friday rejected global cosmetics major Estee Lauder?s trademark infringement case against Gufic.
The Gujarat-based company is now free to sell its skincare product under the Cliniq brand.
A Bench headed by Justice B Sudershan Reddy dismissed Clinique Laboratories? plea challenging the Delhi High Court judgement that allowed Gufic sell its stretch mark minimising lotion under the Cliniq brand after two years. It has upheld the high court’s order that said Gufic?s use of the word Cliniq in its product Skincliniq Stretch Nil was not identical or deceptive to Estee Lauder?s Clinique brand.
Clinique Laboratories, a subsidiary of Estee Lauder, in its appeal had said that the use of the word Cliniq by the Indian competitor in similar products would confuse the consumers.
It had also claimed that it had registered the trademark in 1978 and has been using it. It contended that the Indian company came into the market with a deceptive name about 20 years later.
While differentiating Gufic’s Skincliniq Stretchnil from Estee Lauder’s Clinique, the high court also noted there was a huge price difference between the two products.
Gufic?s 100-ml lotion costs about Rs 245 compared with Rs 1,200 and Rs 1,950 for 15 ml and 75 ml respectively for Estee Lauder?s Clinique brands.
Last year, the apex court had set aside the high court’s interim order that allowed Gufic to include Cliniq in its trademark Skin Cliniq Stretch Nil and asked the high court to hear the matter afresh.
Clinique of Estee Lauder has been in the international market since 1968. Skincliniq Stretch Nil, used to prevent pregnancy stretch marks, accounts for about 10% of Gufic?s annual revenue of Rs 75 crore.
The skincare range under the Clinique brand was launched in India in 1996.