Summary
In the case of Archian Foods Private Limited v. Balaji Foods and Beverages & Anr., the Delhi High Court granted a permanent injunction against the defendants for infringing the plaintiff’s registered trademark LAHORI ZEERA, copyright in the product label, and registered bottle design. The court held that the defendants' use of the deceptively similar mark LAHOR ZEERA and imitative packaging constituted trademark infringement, passing off, design piracy, and copyright violation.
Background & Facts
Archian Foods Private Limited, established in 2013 as a successor to M/s Archian Foods, specializes in manufacturing and marketing traditional Indian flavored non-alcoholic beverages. The company has built a strong reputation under its ‘LAHORI’ formative trademarks, including popular variants like ‘LAHORI ZEERA’, ‘LAHORI NIMBOO’, and ‘LAHORI KACHA AAM’. The ‘LAHORI ZEERA’ product, launched in 2015, features a distinctive logo, trade dress, and bottle design, protected by multiple trademark registrations in Classes 30 and 32, a copyright registration (No. A-146655/2023), and a design registration (No. 352339-001).
The plaintiff’s products have achieved substantial market success, with sales reaching approximately ₹432 crores by March 2023, including ₹203 crores for ‘LAHORI ZEERA’ in 2022-23. The company holds accreditations from FSSAI and ISO, emphasizing quality and innovation.
The dispute arose when the plaintiff discovered that the defendants were producing and distributing similar non-alcoholic beverages under the mark ‘LAHOR ZEERA’ with an imitative trade dress and packaging that closely resembled the plaintiff’s. This led to the filing of the suit on May 29, 2024, seeking injunctions against infringement, passing off, copyright piracy, and unfair trade practices.
An ex-parte ad-interim injunction was granted on May 31, 2024, restraining the defendants from using the impugned mark. A local commission on June 10, 2024, confirmed the presence of infringing products at the defendants’ premises. Despite multiple service attempts, including via email and WhatsApp, the defendants failed to appear or file written statements, leading to their right being closed on March 10, 2025, and an ex-parte order on April 8, 2025.
Submissions of the Plaintiff
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- The plaintiff asserted ownership of registered trademarks, copyright, and design in relation to LAHORI ZEERA.
- It claimed long and continuous use of the mark, substantial sales, and market recognition.
- It alleged that the defendants copied the mark, label, and bottle design to mislead consumers.
- It submitted that the defendants failed to respond to the suit or contest the interim injunction, warranting a final decree.
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Submissions of the Defendant
The defendants did not appear or file a written statement despite due service.
Court’s observations
The court observed that the plaintiff held multiple IP registrations, including:
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- Trademark registrations for LAHORI ZEERA in class 32.
- Copyright registration for the label of LAHORI ZEERA.
- Design registration for the bottle design of LAHORI ZEERA.
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According to the court, the defendants’ use of the mark LAHOR ZEERA and similar packaging imitated the plaintiff’s mark and trade dress, leading to consumer confusion. The court said this amounted to infringement under Sections 29 and 135 of the Trade Marks Act, 1999.
The court observed that the label used by the defendants closely resembled the copyrighted label of the plaintiff, and the act amounted to infringement under Section 51 of the Copyright Act, 1957.
With regard to the bottle, the court noted that the plaintiff had a valid design registration, and the defendants’ bottle was deceptively similar, constituting piracy under Section 22 of the Designs Act, 2000.
The court held that the defendants failed to present any defence, and their continued non-appearance despite due service justified passing an ex-parte decree. The court relied on Satya Infrastructure Ltd. v. Satya Infra & Estates Pvt. Ltd., to hold that in such cases, a decree may be granted without requiring further evidence beyond pleadings supported by affidavit.
Court’s findings
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- The court decreed a permanent injunction restraining the defendants from using the LAHOR ZEERA mark, imitative packaging, or any similar mark, label, or design.
- The interim injunction granted earlier merged into the final decree.
- The court declined the prayer for delivery-up, noting that the local commissioner found only a few labels and discarded bottles, and no further infringing material was shown.
- The court awarded nominal damages of Rs. 50,000 to the plaintiff.
- The plaintiff was also held entitled to actual costs to be determined separately.
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Case Citation: Archian Foods Private Limited v. M/s Balaji Foods and Beverages & Anr., CS(COMM) 503/2024, decided by the Delhi High Court on 08 August 2025. View on Indian Kanoon/ (Visited on 1 October 2025)
