L’Oréal wins trademark infringement and counterfeiting cases in India 

INDIA – L’Oréal, a French multinational personal care corporation, has won a legal case in India, with the Delhi High Court granting a permanent injunction against a fake website impersonating the international beauty giant.

The court’s decision prohibits the operators of “www.lorealglobal.in” from using L’Oréal’s name and trademarks or replicating its website design.

The court ordered ₹100,000 (approximately US$1,166.62) in nominal damages to be paid to L’Oréal within eight weeks. 

In addition, it directed the National Internet Exchange of India (NIXI) to block future domain registrations using the name “L’Oréal” under the “.in” and “.co.in” extensions.

Justice Mini Pushkarna, a judge at the Delhi High Court, stated, “The comparison of the plaintiff’s official website ‘www.loreal.com’ with the defendant’s impugned website ‘www.lorealglobal.in’ shows that the defendant has replicated essential features, including the plaintiff’s logos and website layout.”

“The similarity between the two websites is so striking that an average consumer with imperfect recollection would be unable to distinguish between the two.”

The individuals behind the story created a website mimicking L’Oréal employees’ emails and used forged documents to secure a ₹10 million (USD 116,645.60) order from Nicholas Healthcare under L’Oréal India’s name.

In March, the Delhi High Court sided with the L’Oréal company in a separate case involving the sale of counterfeit products under its brand names.

Filed in 2021, the case involved several defendants accused of manufacturing, distributing, and selling fake L’Oréal, Garnier, and Maybelline items.

To support its claims, L’Oréal submitted market surveys and forensic reports that highlighted the illegitimacy of the products. 

The court issued a permanent injunction, ordering search-and-seizure raids on the defendants’ premises, and awarding ₹100,000 (approximately USD 1,166.62) in nominal damages.

This comes after the company voluntarily removed its Effaclar Duo acne treatment from US shelves after a single product batch was found to contain benzene, a known carcinogen. 

L’Oréal voluntarily recalled all batches before the FDA’s public notice, despite the FDA issuing a warning and listing affected BPO products, including Effaclar Duo.

Valisure, an independent third-party laboratory, prompted the withdrawal, which detected high benzene concentrations in benzoyl peroxide (BPO) products.

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