Defendants restrained from using marks deceptively similar to plaintiff's registered trademarks, copyrights, and bottle shape; Court Receiver and Additional Special Receivers empowered to seize infringing goods.
In a significant intellectual property rights ruling, the Bombay High Court, presided over by Mr. Madhav J. Jamdar, J., on September 3, 2026, granted interim relief to Energy Beverages Pvt. Ltd. against Sabran Enterprises and others for infringement of registered trademarks, copyright, and bottle shape related to their packaged drinking water brand "CLEAR."
Energy Beverages Pvt. Ltd., the plaintiff, filed a suit claiming that Sabran Enterprises was marketing counterfeit products bearing pirated artwork, identical bottle shapes, and deceptively similar marks "CLEAR / CLEAR AQUA IND," thereby infringing upon the plaintiff's exclusive rights. The plaintiff holds registrations for the device mark, wordmark "CLEAR," copyright in the label artwork, and the unique shape of the water bottle.
The Court noted that the defendants' products were virtually indistinguishable from the plaintiff's, with the infringing marks prominently displaying "CLEAR" and the suffix "AQUA IND" in negligible font size, which did not mitigate confusion. The bottle shapes were identical, and the label artwork was pirated, all of which prima facie violated statutory protections afforded to the plaintiff.
The Court had earlier, on April 28, 2026, granted an ex parte ad-interim injunction restraining the defendants from using the infringing marks, device marks, label artwork, and bottle shape. The current order extends this relief and appoints a Court Receiver along with three Additional Special Receivers to enforce the order. These receivers are empowered to enter defendants' premises at any time, with police assistance if necessary, to seize, seal, and inventory infringing products and related materials such as cartons, dyes, molds, and printing equipment.
The defendants failed to appear or file any reply despite being served and given ample opportunity, resulting in the court allowing the interim application fully as prayed. The Court Receiver and Additional Special Receivers are required to submit detailed reports on the execution of their duties within stipulated timelines.
This judgment underscores the judiciary's robust stance in safeguarding intellectual property rights and preventing market confusion caused by counterfeit products. It also exemplifies the procedural mechanisms available under the Civil Procedure Code, including the appointment of receivers and police assistance, to ensure effective enforcement of injunctions in commercial disputes.
The interim order will remain in effect until the next hearing scheduled for June 18, 2026.
Bottom Line:
Trademark infringement - Plaintiff's exclusive rights to registered trademarks, label marks, artwork, and bottle shape were upheld. Defendants restrained from using infringing marks or products in any manner likely to cause confusion or dilute Plaintiff's trademark reputation.
Statutory provision(s):
Trade Marks Act, 1999 (Registration of trademarks), Copyright Act, 1957 (Copyright protection), Civil Procedure Code, 1908 - Order XXXIX Rule 3, Order XL Rule 1, Order XXXIX Rule 7
Energy Beverages Pvt. Ltd. v. Sabran Enterprises, (Bombay) : Law Finder Doc Id # 2974679
