Court Issues Notice and Directs Physical Presence of Defendant's Representative Following Continued Use of Plaintiff's Trademark Despite Undertaking
In a significant ruling on October 16, 2026, the Delhi High Court, presided over by Mr. Vikas Mahajan, J., addressed a contempt application filed by Anandam Sweets Private Limited against Bikanervala Foods Private Limited for alleged wilful disobedience of a court undertaking related to trademark infringement.
The dispute centers on the use of the trademark "ANANDAM" by Bikanervala Foods. The defendant had earlier furnished an affidavit on October 17, 2025, undertaking to discontinue procurement of packaging bearing the mark "ANANDAM" from the same date, to exhaust the existing stock of approximately 5800 boxes by November 15, 2025, and thereafter to destroy any remaining packaging. Additionally, they undertook not to sell gift hampers under the mark "ANANDAM" in the future or sell the remaining stock to any entity in the State of Uttarakhand.
However, Anandam Sweets brought to the Court's attention evidence indicating that Bikanervala continued to use the infringing mark despite the undertaking. This evidence included WhatsApp communications between the plaintiff's representative and the defendant's dealer, a Diwali hamper brochure circulated by the defendant showing the "ANANDAM" mark, and most notably, the listing of "ANANDAM" gift packs on Bikanervala's official website (https://order.bikanervala.com/product-detail/anandam-gift-pack).
During the hearing, the plaintiff's counsel, Mr. Satvik Verma, demonstrated live that the infringing product was still listed on the defendant's website, a fact not disputed by the defendant's counsel, Mr. Lakshay Gupta, who clarified that the product was marked "out of stock" but remained visible.
The Court observed that mere "out of stock" status did not absolve the defendant, as the continued listing constituted a prima facie violation of the undertaking. Consequently, the Court directed Bikanervala Foods to remove all products bearing the "ANANDAM" mark from its website within 24 hours.
Further, the Court issued notice to the defendant and directed that a reply be filed within one week, with rejoinder submissions due before the next hearing. The authorized representative of the defendant who gave the undertaking was also ordered to remain physically present at the next hearing, scheduled for October 30, 2026.
This judgment underscores the Court's stern stance on enforcing undertakings given before it, especially in intellectual property matters, and highlights the judiciary's vigilance against attempts to circumvent orders relating to trademark infringement.
Bottom Line:
Trade mark infringement - Alleged breach of undertaking given to Court - Defendant, despite undertaking to discontinue use of mark ANANDAM and to exhaust/destroy existing packaging within stipulated time, continued listing product bearing said mark on its official website - Court directed removal of all products bearing infringing mark ANANDAM from website within 24 hours and sought reply in contempt/application under Order XXXIX Rules 2A and 7 CPC read with Contempt of Courts Act.
Statutory provision(s): Civil Procedure Code, 1908 Order XXXIX Rules 2A and 7, Section 151; Contempt of Courts Act, 1971 Sections 11 and 12
