Delhi High Court Allows 'Nourish You' To Use Its Registered Name, Sets Aside Injunction

The Delhi High Court has recently overturned a Commercial Court order that had temporarily barred superfoods maker Nutrivative Foods Pvt. Ltd. from using its “Nourish You” mark, holding that the injunction violated the statutory protections granted to a registered trademark owner under the Trade Marks Act. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla, on November 04, 2025, allowed Nutrivative Foods' appeal and set aside the interim injunction earlier granted to BL Agro Industries Ltd., which sells edible oils, ghee and packaged food products under the mark “Nourish.” BL Agro had sued for trademark infringement and passing off and claimed use of the “Nourish” mark since 2007 for edible oils and later for a wider range of food products. On May 02, 2025, the Commercial Court restrained Nutrivative Foods from using “Nourish You” for goods in Classes 29, 30 and 31 except for a brief period allowed to clear perishable stock. Nutrivative Foods argued before the High Court that it had continuously used “Nourish You” along with its heart and human figure device for quinoa, chia seeds, flax seeds, millets and other plant based and vegan products. It said it held a valid Class 35 registration for “Nourish You” covering retail, marketing and distribution of these products and that the Commercial Court had effectively prevented it from exercising a statutory right. BL Agro defended the injunction by insisting it was the prior adopter and registered proprietor of “Nourish” in Classes 29, 30 and 31. It said the documents produced by Nutrivative Foods were unreliable, that its claims of early use were doubtful and that the marks were deceptively similar for food products in the same market space. The High Court held that the Commercial Court had ignored the statutory protection available to Nutrivative Foods as a registered proprietor of the Class 35 “Nourish You” mark. Since BL Agro had not challenged the validity of that registration, the Bench said Sections 28(3) and 30(2)(e) of the Trade Marks Act did not permit an injunction restraining the use of a registered mark. “Section 30(2)(e) in these types of situations lays that when both marks are registered, then each registered proprietor is entitled to use their mark. Consequently, use by one cannot be called infringement by the other, because both are exercising a statutory right bestowed on them by virtue of their registration.”, It said.The court also held that the Commercial Court's assumption that BL Agro had used “Nourish” for all goods in Classes 29, 30 and 31 since 2007 was unsustainable. It observed that treating 2007, which related only to edible oils, as a user date for all food products would amount to an “omnibus exaggeration.” In contrast, the High Court noted that important documents such as purchase orders and invoices showing commercial use of “Nourish You” in 2015 and 2016 had not been evaluated at all.Finding that the injunction had improperly curtailed statutory rights and overlooked key evidence, the High Court said interference was necessary.The court allowed the appeal and set aside the Commercial Court's order. It clarified that its observations were limited to deciding the interlocutory appeal and would not affect the final outcome of the pending suit.Case Title: Nutrivative Foods Private Limited v. B.L. Agro Industries LimitedCitation: 2025 LiveLaw (Del) 1557 Case Number: FAO (COMM) 122/2025 For the Appellant: Senior Advocate J Sai Deepak with Advocates Kangan Roda, Apoorva Sharma, Tanishq Sharma, Sarthak Sharma and R. Abhishek For the Respondent: Senior Advocates Kirti Uppal with Sanjeet Trivedi and Rajesh SharmaClick Here To Read/Download The Order

Delhi High Court Allows 'Nourish You' To Use Its Registered Name, Sets Aside Injunction

Ayushi Shukla

Tags