ALTICOR INC v. MARS COSMETICS PRIVATE LIMITED AND ORS &
CS(COMM)/8/2026 · 2026-09-29
Purushaindra Kumar Kaurav
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19907 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19907 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~O-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010002282026 + CS(COMM) 8/2026 and I.A. 410-411/2026
ALTICOR INC
.....Plaintiff Through: Mr. Peeyoosh Kalra, Mr. Gaurav Mukerjee and Mr. Suyash, Advocates.
versus
MARS COSMETICS PRIVATE LIMITED AND ORS .....Defendants Through: Mr. Jonaid Alam with Mr. Syed Naqvi, Advocates.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R %
29.09.2026
1. The instant suit is for the following reliefs:-
“a) Pass and pronounce a decree of permanent/perpetual injunction restraining the Defendants, their promoters, directors, assigns, sister concerns, affiliates, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them from using the Plaintiffs ARTISTRY trade marks and/or any mark similar thereto, singularly or in conjunction with any other word or monogram/logo as a trade mark, service mark, house mark, trade name, trading style, website, domain name, e-mail address, other webpages or otherwise in any manner whatsoever so as to infringe the Plaintiffs said registered trade marks;
(b) Pass and pronounce a decree of permanent/perpetual injunction restraining the Defendants, their promoters, directors, assigns, sister concerns, affiliates, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc. or anyone associated with them from using the Plaintiffs ARTISTRY trade marks and/or any mark similar thereto in any manner This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2026 at 11:53:22
whatsoever so as to pass off or enable others to pass off their services or business as that of the Plaintiff or in some manner convey a connection with the Plaintiff;
(c) Pass and pronounce a decree directing the Defendants, their promoters, directors, assigns, sister concerns, affiliates, relatives, successors-in interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc.
or anyone associated with them to deliver-up to the Plaintiff for destruction of their entire stationery, letterheads, signage, reprographic material, packaging, labels, brochures, literature or any other material for advertising, offering or marketing any goods under the Plaintiffs ARTISTRY trade marks and/or any other mark similar thereto; (d) Pass and pronounce a preliminary decree for rendition of accounts directing the Defendants to produce before the Hon'ble Court or any person nominated/designated/appointed by this Hon'ble Court all accounts in general and invoices and sales figures in particular with respect to their products under the Plaintiffs ARTISTRY trade marks and/or any other mark similar thereto; e) Pass and pronounce a final money decree in favour of the Plaintiff and against the Defendants for payment of damages in the sum of INR 2,00,05,000/- or in such higher sum as may be determined/ascertained pursuant to the rendition of accounts; (f) award costs of the Suit; and
(g) Pass any other order or further order( s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice.”
2. In continuation of the order dated 18.09.2026, an affidavit of Mr. Abhishek Sethia, authorized representative of defendant no.1 is placed on record. In the said affidavit with respect to prayers (a) and (b) made in the suit, following averments have been made:-
“5. That, in continuation of and in furtherance of the aforesaid undertakings, and in order to expressly place on record the Defendants’ stand in respect of Prayer Clause A of the Plaint, the Defendants hereby unequivocally undertake that the Defendants, their promoters, directors, assigns, sister concerns, affiliates, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents or anyone associated with them shall not use the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 30/09/2026 at 11:53:22
Plaintiff’s “ARTISTRY” trademarks and/or any mark similar thereto, singularly or in conjunction with any other word or monogram/logo, as a trade mark, service mark, house mark, trade name, trading style, website, domain name, e-mail address, other webpages or otherwise in any manner whatsoever, so as to infringe the Plaintiff’s registered trademarks. 6. That, in respect of Prayer Clause B of the Plaint, the Defendants hereby further unequivocally undertake that the Defendants, their promoters, directors, assigns, sister concerns, affiliates, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents or anyone associated with them shall not use the Plaintiff’s “ARTISTRY” trademarks and/or any mark similar thereto in any manner whatsoever so as to pass off or enable others to pass off their services or business as that of the Plaintiff or in some manner convey a connection with the Plaintiff.”
3. Defendant no.1, therefore, shall remain bound by the aforesaid statement. 4.
Learned counsel appearing on behalf of the plaintiff, on instructions, submits that the plaintiff has given up prayer (c), (d) and (e) made in the suit.
5. Accordingly, the instant suit stands decreed in terms of the affidavit of Mr.Abhishek Sethia, authorized representative of defendant no.1 and the said affidavit shall be forming part of the decree.
PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 29, 2026 Nc
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2026 at 11:53:22