Delhi High Court Restrains Hema Industries From Using 'FREEDINE' Mark In 'FREEDOM' Trademark Dispute

Update: 2026-07-07 10:42 GMT

The Delhi High Court on 2 July temporarily restrained Hema Industries from using the trademark FREEDINE and its packaging in a trademark infringement and passing off suit filed by Gemini Edibles and Fats India Ltd, the manufacturer of FREEDOM branded edible oils.

Justice Jyoti Singh, while granting an ex parte ad interim injunction, held that Gemini Edibles had established a prima facie case for relief. She observed that the “balance of convenience lies in favour of the Plaintiff” and that the company was “likely to suffer irreparable harm” if the injunction was not granted.

Gemini Edibles and Fats India Ltd, a step-down subsidiary of Golden Agri-Resources Limited, claimed that it adopted the mark FREEDOM in 2009 for edible oils. The company stated that it has used a distinctive trade dress since 2010, featuring a colour combination of green, yellow, white and red, along with a sunflower device and a leaf motif introduced in 2019.

According to the plaint, the company learnt in February 2026 that Hema Industries had applied for registration of the mark FREEDINE, along with a similar trade dress, for identical goods. After a cease-and-desist notice issued on 10 February 2026 was denied by Hema Industries, Gemini Edibles approached the High Court.

On examining the rival marks and packaging, the Court found that the FREEDINE mark was "prima facie phonetically, visually and structurally deceptively similar" to Gemini Edibles' registered FREEDOM mark. It also noted that Hema Industries had adopted a similar "colour scheme/colour combination of green, yellow, red/orange and white", along with the sunflower device and its placement.

The Bench observed that FREEDINE was displayed in the "same colour green" as the plaintiff's mark, with an "identical" style and placement on the packaging. It held that Hema Industries had "attempted to come as close as possible" to Gemini Edibles' mark and trade dress.

Accordingly, the High Court restrained Hema Industries, its directors, distributors, agents and group companies from using, selling or advertising goods under the mark FREEDINE or any deceptively similar mark or trade dress until the next date of hearing. It further directed Hema Industries to remove references to the impugned mark and packaging from third-party websites within three weeks.

The matter is listed before the Joint Registrar on 10 August 2026 and before the Court on 8 October 2026.

For Gemini: Advocates Shikha Sachdeva, Mugdha Palsule, Shashank Suresh and Annie Jacob

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Case Title :  Gemini Edibles And Fats India Ltd v. M/S Hema IndustriesCase Number :  CS(COMM) 674/2026CITATION :  2026 LLBiz HC(DEL) 676

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