Gemini Edibles Secures Interim Relief Against Hema Industries Over 'FREEDOM' Trademark and Trade Dress Infringement
In a significant ruling on July 2, 2026, the Delhi High Court, presided by Ms. Jyoti Singh, J., granted an ex parte ad interim injunction in favor of Gemini Edibles and Fats India Ltd, restraining M/s Hema Industries from using a deceptively similar trademark 'FREEDINE' and trade dress resembling Gemini Edibles' registered 'FREEDOM' trademark. The decision comes in the context of a civil suit filed by Gemini Edibles alleging trademark and copyright infringement by Hema Industries.
Gemini Edibles, a subsidiary of Golden Agri-Resources Limited, renowned for its palm oil-based agribusiness, has been using the 'FREEDOM' trademark since 2009 for its range of edible oils including sunflower, rice bran, mustard, and groundnut oils. The company argued that Hema Industries' adoption of the 'FREEDINE' mark was phonetically, visually, and structurally similar to 'FREEDOM', posing a likelihood of consumer confusion and infringing on Gemini's intellectual property rights.
The court concurred with Gemini Edibles' assertion that the 'FREEDINE' mark and trade dress, which featured similar color combinations and design elements, were likely to mislead consumers into believing there was an association between the two brands. The court's order restrains Hema Industries from using, selling, or advertising products under the 'FREEDINE' mark and directs the removal of any references to the impugned mark and trade dress from third-party platforms within three weeks.
In her order, Justice Jyoti Singh emphasized the balance of convenience lying with Gemini Edibles and noted the irreparable harm the company would suffer without the injunction. The court highlighted the extensive goodwill and reputation built by Gemini Edibles through its 'FREEDOM' brand, as evidenced by its substantial sales figures and advertising investments over the years.
The ruling underscores the protection afforded by trademark and copyright laws against deceptive practices that exploit established brands. The court's decision is pivotal in maintaining the sanctity of intellectual property rights, especially in competitive industries like FMCG, where brand identity is crucial.
Gemini Edibles' legal counsel, comprising Ms. Shikha Sachdeva, Ms. Mugdha Palsule, Mr. Shashank Suresh, and Ms. Annie Jacob, successfully demonstrated the prima facie case for infringement, persuading the court to grant immediate relief to safeguard the company's interests.
The case has been adjourned for further proceedings, with summons issued to Hema Industries to respond to the allegations. The court's direction for the defendant to cease using the disputed mark until the next hearing offers Gemini Edibles a temporary respite while the matter is adjudicated.
Bottom line:-
Trade Marks Act, 1999 - Grant of ex parte ad interim injunction restraining defendant from using a deceptively similar trademark and trade dress due to likelihood of consumer confusion and infringement of trademark and copyright.
Statutory provision(s): Trade Marks Act, 1999 Section 29, Copyright Act, 1957, Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2
Gemini Edibles And Fats India Ltd v. M/s Hema Industries, (Delhi) : Law Finder Doc id # 2936503
