Delhi Commercial Court Bars Faridabad Smoking Paper Maker From Using 'BONGCHIE', 'PERFECT ROLL' Marks

A Commercial Court in Delhi has permanently restrained Ish Nagpal, a Faridabad-based manufacturer, from using the trademarks “BONGCHIE” and “PERFECT ROLL” on smoking paper products. The court made the ruling after counterfeit goods bearing the marks were recovered from his premises. In a judgment dated January 5, 2026, District Judge Harish Kumar of the Commercial Court at Tis Hazari partly allowed a suit filed by Bongchie India Private Limited. The plaintiff is a Delhi-based company engaged in the manufacture and sale of pre-rolled cones, rolling papers and smoking accessories. Bongchie India told the Court that it holds valid trademark registrations for “BONGCHIE” and “PERFECT ROLL.” It said it had built substantial goodwill in the market through continuous use of the marks. The company further stated that in December 2023, it discovered counterfeit smoking paper products in the market. These goods allegedly bore identical trademarks and packaging, prompting Bongchie India to approach the Court.Following this, the court appointed a local commissioner to conduct inspections at two locations in Faridabad. During the inspection at the premises of Nagpal, substantial quantities of packaging material, smoking paper and allied goods bearing the “BONGCHIE” and “PERFECT ROLL” marks were recovered.Nagpal claimed that the recovered goods were genuine Bongchie products kept for research and development purposes. The Court, however, rejected this explanation, noting that no invoices, bills or documentary evidence were produced to establish lawful purchase or to justify possession of such large quantities.The court observed that once possession of infringing material was established, the burden shifted on rival manufacturer to explain its lawful origin. In the absence of any supporting material, the Court held that the only reasonable inference was that the goods were intended for misuse, amounting to trademark infringement and passing off.“The necessary consequential inference from defendant's failure to prove that purchased plaintiff's material from plaintiff or from any of plaintiff's authorised seller, is that he was indulging or intended to indulge in infringing trademark of the plaintiff and was selling or intending to sell counterfeit products of the plaintiff thereby riding on the goodwill of the plaintiff to earn profit,” the Court said.Accordingly, the court permanently restrained Nagpal and all persons acting on his behalf from using the “BONGCHIE” and “PERFECT ROLL” marks or any deceptively similar variants on smoking paper goods.At the same time, the court declined to grant any relief against one Chandra Kumari, another Faridabad-based manufacturer impleaded as defendant in the suit. The court noted inconsistencies in the inspection report relating to Kumari's premises and observed that the material recovered there did not sufficiently resemble Bongchie India's trade dress so as to mislead consumers.While granting permanent injunctive relief, the Court declined to award damages or order rendition of accounts, holding that Bongchie India had not produced sufficient material to quantify the actual loss suffered.Accordingly, the suit was partly decreed in favour of Bongchie India. Case Title: Bongchie India Private Ltd. v. Mrs. Chandra Kumari & Anr. Case Number.: CS (COMM.) 953/2023For Plaintiff: Advocate Govind RishiFor Defendants: Advocates Kunal Khanna and Sonia DhariwalClick Here To Read/Download Order

Delhi Commercial Court Bars Faridabad Smoking Paper Maker From Using 'BONGCHIE', 'PERFECT ROLL' Marks

Ayushi Shukla

Tags