Vakil Help Desk News: the Delhi High Court has granted an interim injunction protecting the maker of the 'Lahori' range of drinks, restraining a new entrant from copying its labels, trade dress, bottle design, taglines and domain name.
Vakil Help Desk News, IPR. A brand's protection extends to its whole get-up — labels, colours, bottle shape and taglines — not just its name. The Delhi High Court applied this in Archian Foods Pvt. Ltd. v. Goldenstuff and Beverages Pvt. Ltd. & Ors., before Justice Vikas Mahajan.
The dispute
The plaintiff makes non-alcoholic drinks under the "LAHORI" family of marks (Lahori Zeera, Lahori Nimboo, Lahori Shikanji), with registered trademarks, copyright in its labels and a registered design for its bottle. It alleged that a new entrant copied its labels, trade dress, taglines, bottle design and domain name.
What the Court held
- There was a prima facie case, the balance of convenience favoured the plaintiff, and the defendants' adoption of the trade dress appeared mala fide.
- An ex parte ad-interim injunction was granted restraining the defendants from using the copied logos, labels, trade dress, taglines, the registered bottle design and the similar domain name.
- The question of barring a common descriptive word was left for after pleadings.
Why it matters
Competitors sometimes change the name but copy everything else — the colours, layout, shape and feel. This 'trade dress' is protectable, and copying it can attract an injunction even before trial.
What this means for you
Protect not just your brand name but your product's whole look: register your trademark, your label artwork (copyright) and your packaging or bottle shape (design). Keep dated records of your get-up. If a competitor imitates your overall look and feel — even under a different name — you can seek an injunction. We help register the full set of rights and act against copycats.