Case Name: Archian Foods Private Limited v. Goldenstuff and Beverages Private Limited & Ors.
Case Number: CS(COMM) 1105/2026
Date: Thursday, Eighth of October, Two Thousand and Twenty-Six
Court: High Court of Delhi at New Delhi
Quorum: Justice Vikas Mahajan
FACTS
The Plaintiff, Archian Foods Private Limited, is the successor of M/s Archian Foods, a partnership firm established in 2012, which was incorporated under the Companies Act, 2013 on 6th October 2021. It manufactures and markets traditional Indian flavoured non-alcoholic beverages, including soda, fruit juices and carbonated drinks, under the ‘LAHORI’ family of marks such as ‘LAHORI ZEERA’, ‘LAHORI NIMBOO’, ‘LAHORI KACHA AAM’, ‘LAHORI SHIKANJI’ and ‘LAHORI IMLI BANTA’. ‘LAHORI ZEERA’ which was launched in 2015, is its most popular product and is protected by a registered trademark in Class 32. Although its trade dress has changed over the years, the yellow, green and white colour scheme has been retained. The Plaintiff also claims registrations for ‘LAHORI’ formative marks in Classes 30, 32, 16 and 35, for the taglines ‘DESI HI CHANGA’, ‘APNA DESI THANDA’ and ‘HAR KOI PEERA LAHORI ZEERA’, for the copyright in its ‘LAHORI ZEERA’, ‘LAHORI NIMBOO’ and ‘LAHORI SHIKANJI’ labels, and for the design of its bottle.
The Plaintiff alleged that Defendant Nos. 1 to 6 are selling non-alcoholic carbonated beverages under the marks ‘INDIAN ZEERA’, ‘INDIAN NIMBOO’, ‘INDIAN MOJITO’ and ‘INDIAN SHIKANJI’, using labels, a colour scheme and a bottle shape identical or deceptively similar to its own. It also alleges that the Defendants created the domain name INDIANZEERA to imitate the Plaintiff’s website LAHORIZEERA, copied its digital promotional creatives, and applied for registration of ‘INDIAN ZEERA’ in Class 32. The Defendants’ LinkedIn page indicates that they began business in January 2026. The Plaintiff filed the present commercial suit along with an application under Order XXXIX Rules 1, 2 and 3 of the Code of Civil Procedure, 1908 (“CPC”) seeking an ex parte ad interim injunction. The Defendants did not appear.
LEGAL ISSUES
- Whether the Plaintiff has made out a prima facie case for an ex parte ad interim injunction against the Defendants, which allegedly infringes and passes off the Plaintiff’s marks, trade dress, labels and registered bottle design?
LEGAL PROVISIONS
- Order XXXIX Rules 1, 2 and 3 of the CPC- Govern the grant of temporary injunctions and the requirement of complying with Rule 3 where an injunction is granted without notice to the other side.
- Section 12A of the Commercial Courts Act, 2015- Mandates pre-institution mediation in commercial suits that do not require urgent interim relief.
- Sections 2(c) and 13 of the Copyright Act, 1957- Define “artistic work” and specify the works in which copyright subsists.
- Section 151 of the CPC- Preserves the inherent powers of the Court to make orders necessary for the ends of justice.
ARGUMENTS
PLAINTIFF- The Plaintiff argued that it is the registered proprietor of the ‘LAHORI’ formative trademarks, the taglines, the copyright in its labels and the bottle design which have acquired goodwill through extensive use, advertisement and sales. It submitted, through comparative tables, that the Defendants’ products copy its label elements. It was argued that the Defendants, who began business only in January 2026, imitated its website and social media promotional and that urgent ex parte relief was necessary.
ANALYSIS
The Court ruled that the Plaintiff made out a prima facie case for grant of ex parted interim to prevent irreparable loss and injury. The balance of convenience was also declared to be in favour of Plaintiff and against the defendants. The Court also noted that the trademarks, copyrights and designs are registered and on the account of their extensive use, advertisement and large turnover, invaluable goodwill and reputation had been acquired across the country.
The Court held that the impugned logo, trade dress, colour scheme and bottle shape adopted by the Defendants are bound to create confusion and deception among consumers, public and the trade. Therefore, adoption of an identical or deceptively similar logo, trade dress, colour scheme and bottle shape was held to be ex facie mala fide.
JUDGEMENT
The Delhi High Court granted an ex parte ad interim injunction until the next date of hearing. Thus, the Defendants, their directors, proprietors, partners, associates, distributors, dealers, retailers, agents and all persons acting on their behalf were restrained from using, manufacturing, selling, offering for sale, importing, exporting or advertising, including online, non-alcoholic beverages and cognate goods under the impugned labels, trade dress and packaging which deceptively similar to the Plaintiff’s ‘LAHORI’ marks, the taglines, and the domain name LAHORIZEERA.COM. The Defendants were also restrained from applying the Plaintiff’s registered bottle design or any obvious imitation of it to their bottles, as that would amount to infringement and passing off. The matter was listed before the Joint Registrar on 04.12.2026 and before the Court on 03.02.2027.
CONCLUSION
The Court reaffirmed that, at the interim stage, an established proprietor with registered marks, label copyrights and a registered bottle design can obtain urgent ex parte protection against a new entrant whose logo, colour scheme and bottle shape closely resemble its own.
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WRITTEN BY- T. R. AISIRI RAO
Read the Judgment copy below : Archian Foods Private Limited v. Goldenstuff and Beverages Private Limited & Ors
