Bombay High Court Issues Restraint Order Against “The Body Care Shop” for Trademark Infringement

Bombay High Court Halts Use of “The Body Care Shop” Name in Trademark Dispute

Mumbai, November 8, 2025 — In a significant ruling, the Bombay High Court has temporarily restrained a Goregaon-based retail store from using the name “The Body Care Shop,” citing infringement of the registered trademark “The Body Care,” owned by a well-established cosmetics business in the city.

The decision, delivered by Justice Sharmila U Deshmukh on November 7, comes in response to a petition filed by the proprietor of “The Body Care,” who has been in the cosmetics industry for over 40 years. The brand, which specializes in skincare and haircare products, first registered its trademark in 1994, following its initial use in 1987. Over the years, it has built a strong reputation and significant goodwill among consumers.

The dispute arose when the proprietor discovered that a retail outlet had begun operating under the name “The Body Care Shop” and had applied for trademark registration in May 2025, claiming to have been in business since June 2021. The proprietor argued that the new store had closely mimicked the essential features of the original trademark, asserting that the addition of the word “Shop” did not sufficiently distinguish it from the established brand.

In her ruling, Justice Deshmukh noted that the registration certificate granted the original brand a prima facie right over the trademark. The court found that the retail store’s name was deceptively similar to “The Body Care,” likely to mislead consumers into believing there was a connection between the two businesses. The court emphasized that the store’s claim of prior use was significantly later than the original brand’s established history.

Finding a strong case in favor of the original brand, the court granted an ad-interim relief, prohibiting the retail store and its associates from using the name “The Body Care Shop” or any similar mark in connection with their business until the next hearing, scheduled for December 4, 2025.

This case highlights the ongoing challenges businesses face in protecting their intellectual property rights, particularly in the competitive cosmetics market. The ruling serves as a reminder of the importance of trademark registration and the legal protections it affords to established brands.

Case Title: Mohamed Sadique Raisuddin Saifee v. Rizwan Yunus Shaikh
Case Number: IA (L) No. 33507/2025
For Plaintiff: Advocate Vinod Bhagat, along with Advocates Apeksa Mehta, Rashi Thakur, Sonam Pradhan, and Twisha Singh.

For further details, click here to read/download the court order.