Counterfeiting A “Menace”: Delhi High Court Grants Temporary Injunction Against Counterfeit ISOPURE Products

The Delhi High Court has granted a temporary injunction in favour of American sports nutrition company GPN Commercial LLC, restraining several unknown persons from manufacturing, storing, or selling counterfeit products under the popular protein powder brand “ISOPURE” trademark.

The court observed that counterfeiting is a “menace which needs to be curbed with strict heads,” and noted that the sale of low-quality products could harm both the plaintiff's reputation and public health.

In an order dated March 11, 2026, Justice Jyoti Singh held that the company had made out a prima facie case for injunction. The court noted that the balance of convenience lay in favour of the plaintiff and that irreparable harm would be caused if the defendants were not restrained.

The court recorded that the plaintiff, GPN Commercial LLC, is the registered proprietor of the ISOPURE trademark. The mark has been used internationally as well as in India since September 2014 in relation to dietary supplements, sports nutrition products and related goods, and has earned substantial goodwill and reputation in the market.

According to the plaint, an investigation conducted after customer complaints revealed a widespread network of unauthorised sellers engaged in packaging, sale and distribution of counterfeit protein supplements. The probe led to the discovery of Aakarsh Royals Private Limited, which was allegedly supplying counterfeit packaging material, including empty jars, containers and labels, to various unauthorised manufacturers and sellers.

The court noted that a Local Commissioner appointed in earlier proceedings had found significant quantities of counterfeit packaging material at the vendor's premises. These included moulds used to manufacture fake lids and scoops, as well as a machine used for printing unique codes and prices on counterfeit jars. The commissioner's report also showed material bearing the ISOPURE mark along with other registered trademarks of the plaintiff's group companies.

GPN submitted that the defendants had intentionally adopted the ISOPURE mark to deceive consumers and make unlawful gains by selling sub-standard products at cheaper prices. It argued that such conduct diluted the reputation built by the brand over the years. The company stated that its sports nutrition products enjoy global recognition, with total worldwide revenues running into billions of dollars. It also pointed out that large volumes of its products have been sold in India through distributors, online platforms, and retail outlets.

The plaintiff further stated that it has invested considerable effort and expenditure in promoting the brand. Its products have been endorsed by professional athletes, sporting teams, and celebrities, including actor Rashmika Mandanna and social activist Ripudaman Belvi. The company also participates in trade shows, fitness events, and promotional activities to showcase its products in India.

It was also argued that the counterfeit products are untested and unregulated. According to the plaintiff, such products may contain unverified ingredients, high caffeine content, or inferior protein sources, which could pose health risks to unsuspecting consumers. The company submitted that the sale of such products also damages its reputation in the market.

After examining the material on record, the court observed that a comparison of the genuine and rival products prima facie showed that the defendants were dealing in counterfeit goods. The Court noted that, being the registered proprietor of the mark, the plaintiff was entitled under Section 28 of the Trade Marks Act, 1999, to exclusive use of the ISOPURE trademark and to restrain others from infringing it.

“Since the competing marks and the goods are identical, confusion amongst the members of the public and consumers is inevitable and prima facie Defendants are infringing the registered mark of the Plaintiff… Counterfeit is a menace which needs to be curbed with strict heads,” the Court said.

Accordingly, till the next date of hearing, the Court restrained the defendants, their partners, directors, affiliates, agents and all persons acting on their behalf from reproducing, storing, selling or offering for sale performance nutrition, dietary or supplement products using the mark ISOPURE in any manner.

The restraint will apply to sales through offline stores, websites and third-party platforms, so as to prevent the defendants from passing off their goods as those of the plaintiff.