Court Grants Injunction and Awards Costs Against Lotus Refinery Pvt. Ltd. in Trademark Infringement Case
Mumbai, December 18, 2025 - In a landmark judgment, the Bombay High Court, presided by Justice Arif S. Doctor, delivered a decisive verdict in favor of Bunge India Pvt. Ltd., protecting its longstanding trademark "LOTUS" against infringement by Lotus Refinery Pvt. Ltd. The court granted an injunction to restrain the defendants from using the trademark "LOTUS" for edible oils, which the plaintiff has been using since 1947.
The judgment comes after Bunge India Pvt. Ltd. filed a suit alleging trademark infringement and passing off by Lotus Refinery Pvt. Ltd., which had adopted identical marks for identical goods, leading to confusion in the market. The court meticulously examined the evidence presented by the plaintiff, including invoices, sales certificates, and promotional materials, which established the substantial goodwill and reputation associated with the "LOTUS" trademark.
Justice Doctor emphasized the plaintiff's exclusive rights under the Trade Marks Act, 1999, particularly under Sections 28 and 29(2)(c), which protect registered trademarks from identical or deceptively similar marks. The court rejected any defense from the defendants, highlighting their failure to contest the suit or present credible evidence. The judgment pointed out that the defendants' later use of the trademark could not constitute a legitimate defense under Section 34 of the Act.
In addition to the injunction, the court ordered compensatory costs of Rs. 5 lakhs to be paid by the defendants, citing their negligent conduct and failure to engage in the legal proceedings. The costs are to be paid within eight weeks, with an 8% interest applicable in case of default.
The court's decision reaffirms the stringent protection afforded to registered trademarks in India, safeguarding businesses against unfair practices and maintaining consumer trust and market integrity.
Bottom Line:
Trade Mark Infringement - Protection of registered trade marks against identical or deceptively similar marks - Entitlement to relief of injunction and compensatory costs for infringement and passing off.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29(2)(c), 34, 35 of CPC as amended by Commercial Courts Act, 2015.
Bunge India Pvt. Ltd. v. Lotus Refinery Pvt. Ltd., (Bombay) : Law Finder Doc Id # 2824470
