Delhi High Court Overturns Interim Injunction in Trademark Dispute Between Nutrivative Foods and B.L. Agro Industries

Court Allows "Nourish You" Trademark Usage by Nutrivative Foods, Citing Prior Use and Statutory Rights

In a significant judgment delivered on November 4, 2025, the Delhi High Court has set aside an interim injunction against Nutrivative Foods Private Limited, allowing them to continue using their trademark "Nourish You" in the face of a legal challenge from B.L. Agro Industries Limited. The appeal arose from a decision by the District Judge (Commercial Court-03) at Patiala House Courts, New Delhi, which had earlier restrained Nutrivative Foods from using the trademark "Nourish You" in relation to goods falling under Classes 29, 30, and 31.

The case revolved around the alleged trademark infringement and passing off involving the trademarks "Nourish" and "Nourish You." B.L. Agro Industries, the plaintiff, claimed exclusive rights over the trademark "Nourish," citing usage since 2007 for various food products, including edible oils. They argued that Nutrivative Foods' use of the mark "Nourish You" was deceptively similar and could lead to consumer confusion.

However, Nutrivative Foods contended that they have been using "Nourish You" since 2015, supported by valid registration under Class 35, which covers retailing, marketing, and distribution of various food products. They argued that their trademark registration granted them statutory rights, which could not be invalidated without proper legal grounds.

The High Court, presided over by Justices C. Hari Shankar and Om Prakash Shukla, examined the evidence presented by both parties and found that Nutrivative Foods had demonstrated bona fide prior use of the mark "Nourish You" for goods in Classes 29, 30, and 31. The Court observed that both parties hold valid registrations for their respective trademarks, and under Section 30(2)(e) of the Trade Marks Act, each registered proprietor is entitled to use their mark without constituting infringement by the other.

The Court further noted that the interim injunction by the Commercial Court had effectively restricted Nutrivative Foods from exploiting their statutory rights arising from their valid registration under Class 35. The judgment emphasized that infringement cannot be claimed against a registered trademark unless the registration is declared invalid, a point that was not contested in this case.

Consequently, the High Court quashed the interim injunction, allowing Nutrivative Foods to use their trademark "Nourish You" in connection with goods in Classes 29, 30, and 31. The Court clarified that its observations were limited to the interim stage and would not impact the merits of the ongoing civil suit.

This ruling underscores the importance of statutory rights and prior use in trademark disputes, providing clarity on the concurrent rights of registered proprietors under the Trade Marks Act.

Bottom Line:

Trade Marks Act, 1999 - Section 28(3), Section 30(2)(e), Section 34 - Interim injunction against use of registered trademark cannot be sustained when the defendant holds valid registration and demonstrates prior use of the mark in respect of similar goods.

Statutory provision(s): Trade Marks Act, 1999 - Sections 28(3), 30(2)(e), 34; Civil Procedure Code, 1908 - Order XXXIX Rules 1 and 2

Nutrivative Foods Private Limited v. B.L. Agro Industries Limited, (Delhi)(DB) : Law Finder Doc Id # 2811303