Delhi High Court Restrains 'Gulpy Orange' Maker From Using Bottle Similar To Coca-Cola's 'Pulpy Orange'

The Delhi High Court has restrained Chhabee Nutricos Industries LLP from using a new bottle shape for its “Gulpy Orange” drink, finding it prima facie deceptively similar to The Coca-Cola Company's “Minute Maid Pulpy Orange” bottle.

Justice Vikas Mahajan observed that the bottle being used by Chhabee was “deceptively similar” to the shape of Coca-Cola's bottle after examining a comparison of the two designs.

Coca-Cola alleged that Chhabee had slightly altered the bottle's shape to get around an earlier injunction.

On January 24, 2025, the court restrained Chhabee from selling, advertising, manufacturing, or dealing in goods bearing the “Gulpy Orange” mark, label or bottle. The injunction also covered marks similar to Coca-Cola's “Pulpy Orange” mark, labels and “Minute Maid Pulpy Orange” bottle.

The court separately barred Chhabee from using labels or packaging that substantially reproduce Coca-Cola's label. It also restrained the company from dealing in goods bearing a bottle shape or trademark identical or similar to Coca-Cola's registered distinctive bottle device.

Coca-Cola later filed an application alleging non-compliance with the injunction. The application concerned the old product being advertised on Instagram and other third-party websites.

Chhabee subsequently complied with the directions. Coca-Cola did not press the application, which was disposed of on September 18, 2026.

In the present application, Coca-Cola alleged that Chhabee had slightly changed the bottle's shape to get around the earlier order. It argued that the bottle's overall appearance remained deceptively similar to its own.

Coca-Cola placed a side-by-side comparison of the two bottles before the court. After examining it, the court found the new bottle prima facie deceptively similar to Coca-Cola's bottle.

The court restrained Chhabee from using the impugned new bottle shape until the next hearing. It gave Chhabee a final opportunity to file its reply within three weeks.

Any rejoinder, if filed, must be submitted before the next hearing on January 19, 2027.