Delhi High Court Holds Varun Beverages' 'SMOOTH' Deceptively Similar To 'SMOODH', Restrains Use

The Delhi High Court on 18 August granted an ad-interim injunction restraining Varun Beverages Limited from using the mark “SMOOTH” for its dairy-based yoghurt drink, finding that the mark is prima facie deceptively similar to Parle Agro Private Limited's registered “SMOODH” trademark.

Justice Jyoti Singh held that Varun Beverages had engaged in “smart copying” by substituting the letter 'D' in “SMOODH” with 'T' to create the mark “SMOOTH”. She observed:

“Defendants have adopted the mark SMOOTH, which is prima facie nearly identical/deceptively similar to Plaintiff's SMOODH marks and as can be seen, Defendants have carefully and cautiously substituted the letter 'D' to 'T', which is nothing but smart copying.”

Parle Agro submitted that it adopted the “SMOODH” trademark in 2020 and launched dairy-based flavoured drinks under the mark in 2021. The company said it holds multiple registrations for “SMOODH” and its formative marks in Classes 29, 32 and 35. It claimed sales turnover exceeding Rs. 1,648 crores under the mark between 2021-22 and 2025-26, along with promotional expenditure exceeding Rs. 201 crores during the same period.

On 24 July 2026, Parle Agro came across an article stating that Varun Beverages, in partnership with Japan's Asahi Group, intended to launch a ready-to-drink dairy-based yoghurt in India under the brand “CALPIS” bearing the mark “SMOOTH”. It then approached the Delhi High Court seeking an injunction, although the product had not yet entered the Indian market.

The Court also found that the packaging strengthened the prima facie case of infringement. It noted:

“The intent to come as close as possible to the Plaintiff is fortified by the fact that Defendants have designed the product packaging in a manner that their own brand name CALPIS is in a smaller font compared to the mark SMOOTH, so as to give prominence to the latter and misrepresent to the public that their product has an association and/or some commercial nexus with the Plaintiff.”

Further, the Bench noted that Parle Agro's sales figures, promotional spending, celebrity endorsements and media coverage demonstrated the “immense goodwill and reputation” acquired by the “SMOODH” mark. It held that use of the impugned mark would result in dilution and infringement under Section 29(1) and Section 29(2) of the Trade Marks Act, 1999.

Holding that Parle Agro had established a prima facie case and that the balance of convenience lay in its favour, the Bench restrained Varun Beverages, its officers, distributors and agents from using “SMOOTH” or any deceptively similar mark. It also restrained them from using packaging displaying the impugned mark in a larger font than their own brand name and granted the ad-interim injunction.

The matter is listed before the Joint Registrar on 24 September 2026 and before the Court on 17 December 2026.