Court restrains defendants from using deceptively similar `INDIAN' marks and packaging, exempts plaintiff from pre-litigation mediation citing urgency in intellectual property dispute over `LAHORI' beverage brand.
In a significant intellectual property dispute, the Delhi High Court on October 8, 2026, granted an ex parte ad interim injunction in favor of Archian Foods Private Limited, restraining Goldenstuff and Beverages Private Limited and others from using trademarks, trade dress, packaging, and bottle designs deceptively similar to Archian's established `LAHORI' family of marks. The order came from Justice Vikas Mahajan in the commercial suit CS(COMM) 1105/2026, reflecting the Court's strong stance on protecting intellectual property rights in the fiercely competitive beverage market.
Archian Foods, a well-known manufacturer and marketer of traditional Indian flavored non-alcoholic beverages, has built a substantial reputation and goodwill through its `LAHORI' brand variants such as `LAHORI ZEERA', `LAHORI NIMBOO', and `LAHORI SHIKANJI'. The plaintiff holds registered trademarks, copyrights on artistic labels, and design registrations for the distinctive bottle shapes and packaging used since 2012, with sales escalating from INR 2.74 lakhs in 2016-17 to an impressive INR 773.63 crores in 2025-26, backed by extensive promotional expenditure.
The defendants, recent entrants into the market, launched beverages under the marks `INDIAN ZEERA', `INDIAN NIMBOO', `INDIAN MOJITO', and `INDIAN SHIKANJI', adopting a near-identical logo, color scheme, bottle shape, label design, and promotional style, closely mimicking Archian's trade dress. The Court found that such imitation was ex facie mala fide, likely to cause confusion among consumers and the trade, and amounted to infringement and passing off.
Highlighting the urgency, the Court exempted the plaintiff from pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, allowing a swift remedy to prevent irreparable harm. Given the prima facie case, balance of convenience favoring the plaintiff, and the risk of irreparable loss, the Court restrained the defendants, their associates, and distributors from manufacturing, selling, advertising, or dealing in beverages under the impugned marks and packaging until further orders.
However, the Court declined to consider the plaintiff's wider prayer to restrain the use of the word `Indian' in the defendants' trademarks at this interim stage, deciding to address it post pleadings. The matter is scheduled for further hearing in February 2027.
This judgment reinforces the judiciary's protective approach toward intellectual property rights, especially for established brands that have invested heavily in building their identity and goodwill. It sends a clear message against opportunistic copying and unfair competition in the consumer goods sector, ensuring that genuine innovators are safeguarded against deceptive market practices.
Bottom Line:
Intellectual Property - Trade mark, trade dress, copyright and design infringement/passing off - Plaintiff using and holding registrations in 'LAHORI' formative marks, labels, slogans and bottle design for beverages - Defendants, being new entrants, adopted deceptively similar 'INDIAN ZEERA', 'INDIAN NIMBOO', 'INDIAN MOJITO' and 'INDIAN SHIKANJI' marks along with similar logo, colour scheme, label, bottle shape, website and promotional material - Ex parte ad interim injunction granted - Plaintiff also exempted from pre-litigation mediation under Section 12A of Commercial Courts Act on ground of urgency.
Statutory provision(s):
Commercial Courts Act, 2015 Section 12A, Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2, Trade Marks Act, 1999, Copyright Act, 1957 Sections 2(c), 13, Designs Act, 2000
