Supreme Court Refuses To Interfere With Delhi HC Order In 'MARC' Vs 'MARQ By Flipkart' Trademark Dispute; Grants 8 Weeks To Exhaust Inventory
Law Firm News Correspondent
19 May 2026 2:42 PM IST
The Supreme Court has refused to interfere with the Delhi High Court's order restraining Flipkart from using the marks “MARQ” and “MARQ by Flipkart” in a trademark dispute initiated by Marc Enterprises Pvt. Ltd. The Court, however, permitted Flipkart to exhaust its existing inventory bearing the impugned marks within eight weeks and directed it to file a compliance report before the Trial Court.
A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing Special Leave Petition (Civil) No. 16438 of 2026 filed by M/s Flipkart India Private Limited challenging the Delhi High Court's judgment dated April 10, 2026 in FAO-IPD No. 46/2021.
The dispute pertains to the use of the marks “MARQ” and “MARQ by Flipkart” in relation to electronic and electrical appliances. Marc Enterprises Pvt. Ltd. alleged that the marks adopted by Flipkart were deceptively similar to its registered trademark “MARC”.
During the proceedings, Flipkart proposed several stylistic variants of the marks 'MARQ' and 'MARQ by Flipkart'. However, Marc Enterprise opposed the proposals on the ground that the word 'MARQ' continued to be displayed more prominently than the house mark 'Flipkart'. In this backdrop, the Court suggested that Flipkart consider using 'Q by Flipkart' instead of 'MARQ by Flipkart'. The suggestion, however, was not accepted by Flipkart.
After hearing the parties, the Supreme Court declined to interfere with the orders passed by the Trial Court and the Delhi High Court. However, considering the facts and circumstances of the case, the Court granted Flipkart eight weeks' time to exhaust products bearing the offending mark and directed the company to submit a compliance report before the Trial Court.
Flipkart was represented by Senior Advocates Mukul Rohatgi and Rajshekhar Rao along with advocates Siddharth Chopra, Shilpa Gupta and Nitin Sharma. Marc Enterprises was represented by Senior Advocate Akhil Sibal along with advocates Ajay Amitabh Suman, Shravan Kumar Bansal and Deasha Mehta.
