Delhi HC Grants Interim Injunction Against Use Of 'Freelite' Oil Mark For Similarity With 'Freedom'

On 1 July, the Delhi High Court granted an ad-interim injunction restraining the makers of 'Freelite' sunflower oil from using the impugned mark and trade dress in a trademark infringement suit filed by Gemini Edibles and Fats India Ltd, proprietor of the 'Freedom' brand of edible oils.

Justice Anup Jairam Bhambhani observed:

“Considering the plaintiff's trademark and trade-dress in relation to sunflower oil as set-out in the plaint, on a first blush look, it appears that the trademark and trade-dress employed by the defendants in relation to sunflower oil is deceptively similar to that of the plaintiff's, and would lead the common consumer, with average intelligence, and imperfect recollection to mistake the defendants' product for that of the plaintiff's.”

Gemini Edibles and Fats India Ltd alleged that Chegu Vasudeva Siva Kumar adopted the mark and trade dress 'Freelite' for sunflower oil in a manner deceptively similar to its registered 'Freedom' trademark and trade dress used across edible oils, including sunflower oil, rice bran oil, kachi ghani mustard oil, and groundnut oil. It asserted statutory and proprietary rights over the 'Freedom' mark and associated trade dress across its edible oil portfolio.

On a prima facie assessment of the rival marks, the Court found that the defendant's adoption of the impugned mark and trade dress was likely to cause confusion among consumers with imperfect recollection.

It held that the plaintiff had established a prima facie case of infringement in relation to the sunflower oil mark and trade dress and found that the balance of convenience favoured it. Further, the Bench observed that irreparable injury would arise if interim protection was denied.

Accordingly, the High Court restrained the defendants from using, marketing or advertising the 'Freelite' mark and trade dress, or any mark deceptively similar to the 'Freedom' marks, until the next date of hearing.

The matter is listed to be heard before the Joint Registrar on 25 September 2026.