Goodai Global INC Vs Shahnawaz Siddiqu & Anr.
In a landmark decision on 28th January 2025 ,Delhi High Court directed the cancellation of a misleadingly similar trademark that had been registered by an individual, siding with Goodai Global Inc., a South Korean personal care and beauty brand. The case related to the trademark “Beauty of Joseon,” which is a well-known international beauty brand. Goodai Global Inc. had been utilizing this brand since 2010, growing in 54 countries, including India. The company, however, found that an Indian registrant, Mr. Shahnawaz Siddiqu, had registered the same brand’s device mark under application number 5635163 on a “proposed to be used” basis.
When Goodai Global Inc. sought to register its mark in India, it was given a provisional refusal. In further research, it learned that the Indian registrant had also sought the word mark “Beauty of Joseon.” Considering this turn of events, the South Korean company filed a petition for rectification under Section 57 of the Trade Marks Act, 1999, requesting the cancellation of the impugned trademark. In spite of notice, the respondent did not file a response or appear before the court. His right to respond was thus closed, and he was proceeded against ex-parte. The court held strong evidence of bad faith on the part of the respondent, ruling that there was no reason why he should register a Korean-language mark other than to take advantage of Goodai Global Inc.’s established brand reputation.
The court looked back at precedents, such as Kia Wang v. Registrar of Trademarks and BPI Sports LLC v. Saurabh Gulati, confirming that such registrations, made in bad faith, are subject to cancellation. The judgment put weight on the fact that unauthorized registration of globally well-known marks in India, not for legitimate intent to use them, amounts to bad faith trademark registration. Court ordered the Indian Trademark Registry to delete the infringing mark from its records and follow through on the ruling. The judgment reiterates India’s faith in protecting intellectual property and clearly communicates its position against bad-faith filings. For Indian businesses, the judgment reminds companies of the significance of vigilante trademark checking and legal action for safeguarding brand identity.