Court Confirms Passing Off Claim, Finds Defendant’s ‘DOUBLE CHABI’ Packaging Deceptively Similar to Plaintiff’s ‘Zarda King’ Trade Dress; Restrains Use of Impugned Packaging Until Suit Disposal
In a significant judgment delivered on May 29, 2026, the Delhi High Court, presided by Justice Jyoti Singh, refused to vacate an ex parte ad interim injunction restraining KS Agro Impex and its associates from using packaging deceptively similar to that of GRM Foodkraft Pvt Ltd’s ‘Golden Sella Basmati Rice’ brand. The suit, CS(COMM) 637 of 2024, centered around allegations of passing off and copyright infringement regarding the trade dress of the plaintiffs’ rice packaging.
The plaintiffs, comprising GRM Foodkraft Pvt Ltd and its parent company, have been operating in the rice milling and export business since the 1970s, with an extensive market presence in India and internationally. In 2021, Plaintiff No.1 launched the ‘Golden Sella Basmati Rice’ under the sub-brand ‘Zarda King’ with a unique packaging design featuring a green and gold color scheme, stylized golden lettering resembling Urdu/Arabic script, images of hanging lanterns, stars, a crescent moon, Arabic architectural elements, and a plate of pulao. This packaging was supported by substantial sales revenue exceeding Rs.86 crores over three years and marketing expenses of approximately Rs.8 crores, alongside celebrity endorsements and widespread promotional campaigns.
Plaintiffs alleged that Defendant No.1 started selling basmati rice in packaging that was a near replica of their distinctive trade dress, copying essential elements such as the green and gold color scheme, font style, and pictorial motifs, despite having its house mark ‘DOUBLE CHABI’ prominently displayed. The court noted that the presence of the house mark was insufficient to dispel confusion given the striking overall similarity and the nature of rice as a fast-moving consumer good (FMCG), where consumers often rely on visual cues rather than textual details.
The court applied the ‘overall impression’ test for deceptive similarity, emphasizing precedents including Parle Products v. J.P. & Co. (1972) and Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd. (2001), which prioritize similarity over dissimilarities, especially where dishonest copying is evident. The defendant's argument that the word ‘Zarda’ is generic and that colors and individual design elements are common to trade was rejected. The court observed that even if ‘Zarda’ was generic, the claim was not for exclusive rights over the word but over the entire distinctive trade dress, which had acquired secondary meaning and goodwill.
Further, the court drew upon recent judgments such as Allied Blenders v. Hermes Distillery (2024) and Dabur India Limited v. Emami Limited (2026) to reinforce that in FMCG sectors, the threshold for deceptive similarity is lower, and the likelihood of consumer confusion is high when trade dress is substantially copied.
In view of the evidence of substantial goodwill, misrepresentation by the defendants, and the balance of convenience favoring the plaintiffs, the court confirmed the interim injunction granted in August 2024. The defendants were restrained from using the impugned packaging but were allowed to continue business with distinct packaging not deceptively similar to the plaintiff’s trade dress.
This judgment underscores the robust protection Indian courts accord to unique trade dress, especially in consumer goods, and signals strict scrutiny against attempts to ride on the goodwill of established brands through deceptive packaging.
Bottom line:-
Passing off - Trade dress - Unique packaging of Golden Sella Basmati Rice by Plaintiffs with distinctive green and gold colour scheme, special font stylization resembling Urdu/Arabic script, images of hanging lanterns, stars, crescent moon, and plate of pulao - Presence of Defendant's house mark "DOUBLE CHABI" insufficient to dispel consumer confusion in fast-moving consumer goods such as rice - Overall impression and similarity test applied - Minor dissimilarities outweighed by striking similarities and dishonest copying - Ex parte ad interim injunction granted in favour of Plaintiffs to restrain Defendant from using impugned packaging - Defendant's application for vacation dismissed
Statutory provision(s):
Order XXXIX Rules 1 and 2 CPC, Order XXXIX Rule 4 CPC, Trade Marks Act, 1999, Copyright Act, 1957
GRM Foodkraft Pvt Ltd v. KS Agro Impex, (Delhi) : Law Finder Doc id # 2920633
