Delhi High Court Grants SanDisk Permanent Injunction Against Indian Company's Copycat Trade Dress

Update: 2025-11-20 04:29 GMT
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The Delhi High Court has granted a permanent injunction in favour of SanDisk LLC, the global flash-storage manufacturer, after Welborn Industries Pvt. Ltd., an Indian electronics company that sells memory-storage products, agreed to permanently discontinue packaging that SanDisk said copied the distinctive red-and-black trade dress of its USB drives and SD cards. Justice Manmeet Pritam...

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The Delhi High Court has granted a permanent injunction in favour of SanDisk LLC, the global flash-storage manufacturer, after Welborn Industries Pvt. Ltd., an Indian electronics company that sells memory-storage products, agreed to permanently discontinue packaging that SanDisk said copied the distinctive red-and-black trade dress of its USB drives and SD cards.

Justice Manmeet Pritam Singh Arora passed the judgment on November 13, 2025, in a suit filed by SanDisk seeking a permanent injunction for infringement of its trade dress and trademark.

SanDisk, which has operated in India since 2005, alleged that Welborn was selling USB flash drives and SD cards under the XANIVO brand using packaging that replicated several key features of SanDisk's trade dress, including its colour scheme, layout, typography and overall shape.

It said the XANIVO packaging mimicked the get-up used for its Cruzer Blade, Extreme Pro, Ultra and Ultra Plus product ranges. SanDisk also noted that Welborn marketed the XANIVO products on e-commerce platforms and social media and had filed two trademark applications for the mark in 2024.

At a hearing in July, Welborn informed the court that it had stopped using the disputed packaging in March 2025 and had already adopted a redesigned trade dress. It submitted an undertaking stating that it had ceased using the earlier XANIVO packaging, would not revert to it, and would not adopt any red-and-black trade dress for future XANIVO memory-card products if it could cause confusion with SanDisk.

Accepting these undertakings, the court issued a decree of permanent injunction restraining Welborn from manufacturing, selling or advertising XANIVO USB drives, SD cards or any other products using packaging similar to SanDisk's trade dress in a manner that may amount to infringement or passing off.

Case Title: SanDisk LLC v. M/S. Welborn Industries Private Limited & Anr.

Citation: 2025 LiveLaw (Del) 1546

Case Number: CS(COMM) 448/2025

For Plaintiff: Advocates Saif Khan, Shobhit Agarwal and Prajiwal Koshwaha

For Defendant: Advocate Shahid Khan, Shubham Jain, Mohit Mudgal and Shubham Rajput

Click Here To Read/Download The Order 

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