Delhi High Court Temporarily Restrains 'POSITIVE MIND' Mark, Directs Meesho, Meta To Remove Listings
The Delhi High Court has recently restrained the use of the mark “POSITIVE MIND” for sexual wellness products such as delay sprays and lubricants, and directed intermediaries including Meesho and Meta to remove listings and disable accounts, after finding a prima facie case of infringement and passing off.
A single-judge Bench of Justice Jyoti Singh granted an ex parte ad interim injunction in favour of PstGems Pvt. Ltd., observing, “Prima facie Defendant No.1 is not only infringing the registered trademarks of the Plaintiff but is also guilty of passing off its goods by misrepresenting to the public that its goods have some association with the Plaintiff by use of identical/deceptively similar marks for identical goods. Resultantly, Defendant No.1 is not only damaging Plaintiff's formidable goodwill and reputation but also adversely impacting public interest by sale of counterfeit products"
The plaintiff, PstGems Pvt. Ltd., a health-tech company founded in 2022, sells nutraceutical and pharmaceutical products, including sexual wellness products, under its registered house mark “POSITIVE GEMS” and formative marks such as “LONG TIME” and “GET WET LUBRI.” It also operates the domain “positivegems.com” and a mobile application under the same name.
According to the plaint, the defendant, Dharmesh Mohanbhai Kalsariya trading as Positive Mind, was selling similar sexual wellness products under the mark “POSITIVE MIND,” using identical or deceptively similar product names such as “LONG TIME” and “GET WET LUBRICANT.” These products were sold through its website “positivemind.in” and on e-commerce platforms like Meesho, apart from being advertised on Meta platforms.
The plaintiff alleged that the defendant had dishonestly adopted the mark despite knowledge of its prior trademarks and business, and pointed to a trademark application filed in October 2025 on a proposed-to-be-used basis.
It further alleged that the defendant engaged in fraudulent practices, including falsely categorising sexual wellness products as “pain relief ointment” to enable listings on e-commerce platforms, and accepting payments without delivering products. The plaintiff cited instances where orders were placed but not delivered, alleging that the defendant was duping consumers and selling counterfeit products.
Arguing that such use was likely to cause confusion among consumers and harm both its goodwill and public interest, the plaintiff sought urgent interim relief.
Accepting the submissions, the Court held that the plaintiff was the registered proprietor of the marks “POSITIVE GEMS,” “LONG TIME,” “GET WET LUBRI,” and other formative marks, and had established goodwill in the market.
“Defendant No.1 is selling identical/deceptively similar products which are nutraceutical/pharmaceutical in nature, and the trade channels, as also consumer base, are common. There is thus every likelihood of confusion amongst members of the public and potential customers, and looking at the nature of the products in question, if an interim injunction is not granted, irreparable harm shall be caused to the Plaintiff,” the court observed.
The court also noted that the defendant's actions in selling counterfeit products not only damaged the plaintiff's goodwill but also adversely impacted public interest.
Accordingly, the court restrained the defendant from using the impugned marks, labels, trade dress, or any deceptively similar variants. It directed Meesho to delete the seller's profile and remove infringing listings and directed Meta to take down advertisements and disable the defendant's accounts.
The court further ordered the suspension of the defendant's website and associated accounts and directed disclosure of relevant KYC, bank, and transaction details by intermediaries.
The matter will be heard next on July 20, 2026.
For Plaintiff: Senior Advocate Swathi Sukumar, with Advocates Arpit Kalra, Rishabh Gupta, Kashish Vij, and Prashni Kathuria
For Defendants: None