Delhi High Court Restrains Sellers For Misusing Flipkart's 'Latching On' Feature In SHAPERMEN Trademark Dispute

The Delhi High Court has granted an interim injunction against several sellers accused of misusing Flipkart's "Latching On" feature to market products under the SHAPERMEN brand.

The court observed that their conduct appeared prima facie calculated to "ride upon the goodwill associated with the Subject Marks" and was likely to cause confusion about the origin of the products.

Justice Tejas Karia passed the order in a suit filed by Piyush Sapra and another party associated with the SHAPERMEN men's shapewear and compression-garment brand. The suit was brought against Flipkart Internet Private Limited and multiple third-party sellers.

"The acts of Defendant Nos. 2 to 13, thus, appear prima facie calculated to ride upon the goodwill associated with the Subject Marks and is likely to cause confusion as to the origin of the products, thereby amounting to passing off," the Court observed.

The dispute centres on Flipkart's "Latching On" feature. The functionality allows a seller to add itself as an alternative seller for an existing product listing.

According to submissions recorded in the order, when a seller uses the feature, the images, product descriptions, brand name and Flipkart Serial Number associated with the original listing are automatically adopted for the new seller's listing.

Counsel appearing for the SHAPERMEN brand contended that the feature is intended to provide consumers with multiple seller options for the same product. It was argued, however, that the mechanism has also enabled unauthorised sellers to exploit the goodwill of established brands. The sellers were alleged to have used the brand's product images, listing content and trademarks. They were also alleged to have offered products at sharply lower prices.

The brand owners relied on test purchases conducted in May 2026. According to the order, the products received through the impugned listings carried no SHAPERMEN branding, labels, tags or inserts.

After examining the material placed before it, the Court held that a prima facie case of passing off had been made out against the sellers.

"The material placed on record indicates that Defendant Nos. 2 to 13 have exploited the 'Latching On' feature on the Platform and inserted themselves as alternative sellers against listings of the Plaintiffs' Products," the Court held.

The court noted that the listings continued to display the SHAPERMEN marks, photographs and listing content. This resulted in the sellers' products being presented under the same commercial presentation as the brand's products.

"In these circumstances, there exists a real likelihood that an unwary consumer of average intelligence and imperfect recollection, encountering the Impugned Listings, may be led to believe that the Defendants' Products originate from, are affiliated with, or are otherwise connected with the Plaintiffs' Products," the Court observed.

Pending further proceedings, the court restrained the sellers from using the SHAPERMEN and SHAPER MEN marks or any deceptively similar marks.

The injunction also covers the use of the brand's copyrighted product photographs and listing content. The sellers have additionally been restrained from manufacturing, marketing, selling, distributing, offering for sale, advertising, importing or exporting products presented as being associated with the brand.

Flipkart has been directed to delist, take down, and disable access to the listings identified in the suit. The court further ordered that if additional unauthorised "latching on" listings are reported by the brand owners,

Flipkart must suspend, block, disable access to, and delist those listings within 72 hours of receiving notice.

The court also directed Flipkart to disclose details of the concerned sellers within seven days of such notification.

The matter has been listed before the roster bench on August 25, 2026.