Existence Of Other Infringers Is No Defence To Trademark Infringement: Delhi High Court Confirms Injunction Against Jabsons' Foods Over "Hot Mix" Namkeen

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made

Published 31 October 2026

Case: Not stated in source
Court: High Court of Delhi
Bench: Not stated in source
Citation: Not stated in source
Source: Verdictum

Bottom Line Up Front (BLUF)

The Delhi High Court prima facie held that the addition of a house mark does not negate trademark infringement, and a disclaimer condition on registration does not defeat protection of a label's dominant feature. The court confirmed an injunction against Jabsons' Foods regarding their "Hot Mix" namkeen.

Ratio Decidendi · Legal Principle Established

The existence of other infringers is not a valid defence to trademark infringement. The addition of a house mark to an infringing product does not negate infringement if the dominant feature of the mark is copied. A disclaimer condition on trademark registration does not defeat the protection afforded to the dominant feature of a label.

Practice & Procedural Impact for Advocates

Advocates should advise clients that the presence of other similar products in the market does not excuse trademark infringement. Litigants should understand that adding their own house mark may not prevent a finding of infringement if the core mark is copied. Counsel should focus on the dominant features of a mark when arguing infringement, as disclaimers may not undermine protection for these elements.

Key Legal Takeaways

1Other infringers do not provide a defence against trademark infringement.
2Adding a house mark does not necessarily prevent infringement of a dominant mark.
3Disclaimers on trademark registration do not negate protection for dominant features.

The Legal Issue The Delhi High Court considered a case involving alleged trademark infringement concerning the term "Hot Mix" used for namkeen. The primary legal issues revolved around whether the addition of a house mark by the alleged infringer made a difference to the infringement claim and whether a disclaimer condition on the trademark registration affected the protection of the label's dominant feature.

Court's Reasoning The Delhi High Court prima facie held that the mere existence of other infringers in the market does not constitute a valid defence against trademark infringement. The court further clarified that the addition of a house mark, such as "JABSONS" in this instance, does not alter the fact of infringement if the dominant feature of the original mark is copied. The court also stated that a disclaimer condition imposed during the registration of a trademark does not defeat the protection afforded to the dominant feature of the label.

What Follows The Delhi High Court confirmed the injunction against Jabsons' Foods, preventing them from using the "Hot Mix" mark for their namkeen products. This implies that Jabsons' Foods must cease using the infringing mark as directed by the court's order.