Indian Trademark Law: Selling Perfume Samples Commercially is an Unfair Business Practise

The recent case of Coty Germany GmbH v. Xeryus Retail Private Limited in the Delhi High Court highlights an important legal precedent regarding the sale of perfume testers in India. The court ruled in favour of Coty Germany GmbH, the owner of the "Calvin Klein" and "cK" trademarks, and permanently restrained the websites perfumery.co.in and unboxed.in from selling perfume tester bottles bearing these trademarks. The court found that such sales amounted to trademark infringement and passing off, as they misled consumers and infringed upon the trademark owner's rights.

As a penalty for this infringement, the court imposed a fine of INR 1,00,000 (approximately USD 1,200) to be paid to Coty Germany GmbH. This landmark case serves as an important legal precedent in India, indicating that the sale of perfume testers without proper authorization from the trademark owner can lead to legal consequences under Indian trademark law. It also highlights the growing importance of protecting intellectual property rights, even in cases involving smaller items such as perfume testers.