Delhi High Court Bars Rival Manufacturer From Using 'NOVA' Name on Ghee, Dairy Products

A Single-Judge Bench of Justice Tushar Rao Gedela passed the order on January 21, 2026, while hearing an interim injunction application in a suit filed by Sterling Agro Industries, a Delhi-based dairy products company that markets its products under the “NOVA” trademark.

The injunction will stay in place until the next hearing in May.

Holding that a case for grant of interim relief was made out, the Court observed that, “Having regard to the fact that the plaintiff's trademark “NOVA” are registered in India and have been in use for a long time, prima facie, it appears that the defendant is infringing the registered trademark of the plaintiff and in case an ex-parte injunction as sought is not granted and the defendant is not restrained from continuing with the infringing activities, irreparable loss and injury would be caused to the plaintiff, which cannot be adequately compensated in monetary terms.”

Sterling Agro told the Court that it has been operating since 1991 and has built a substantial presence in the Indian and international dairy markets. It stated that it has used the “NOVA” mark continuously since 1992 and that the brand is protected through multiple trademark registrations in India.

According to the company, the rival manufacturer was selling ghee using the identical “NOVA” name along with deceptively similar packaging, thereby creating a false impression that the products originated from Sterling Agro. It alleged that the overall trade dress including the layout, colour scheme and other packaging features, had been copied in a manner likely to deceive consumers.

Sterling Agro also pointed out that food safety authorities in Indore had seized ghee from the manufacturer's premises in October 2025, which was later found to be sub-standard. An FIR was subsequently registered by the Food Safety Officer in November 2025.

After examining the material on record, the Court noted that both parties were operating in the same line of business and catering to the same consumer base, making confusion inevitable.

The Court added, “An unwary consumer of average intelligence may be deceived or confused as to the services being availed of are being provided by or on behalf of the plaintiff, which may be detrimental to their goodwill and reputation.”

Holding that the balance of convenience lay in favour of Sterling Agro, the court restrained the rival manufacturer and all persons acting on its behalf from manufacturing, selling, advertising, or dealing in any products or services, including ghee and other dairy products, under the “NOVA” name or any deceptively similar mark.

The Court also directed the manufacturer to disclose details regarding the quantity of goods sold and the revenue earned using the disputed brand.

The matter will next be listed on May 26, 2026.

For Plaintiff: Advocates Swati Shrama, Revanta Mathur, Pundreek Dwivedi and Anoushka Chauhan