The Delhi High Court on 28 October restrained snack manufacturer Jabsons Foods Pvt. Ltd. from using the mark “HOT MIX” for namkeen and allied products, holding that its use prima facie infringes the trademark rights of Shah Namkeen proprietor Sunit Shah.
Justice Purushaindra Kumar Kaurav confirmed the interim injunction granted in August 2024 and dismissed Jabsons' application to vacate it, while holding that “the expression HOT MIX is not to be found in any dictionary as the name of a namkeen.”
The dispute arose after Shah Namkeen discovered Jabsons selling namkeen packets bearing the mark “HOT MIX” in June 2024. Shah claimed to have adopted the expression in 1977, while Jabsons' invoices showed that it began using the mark only in October 2023.
Shah argued that “HOT MIX” was the prominent and essential feature of its registered “SHAH HOT MIX” label, appearing in large, bold letters, and that Jabsons had copied the expression in a similar manner.
Jabsons contended that “HOT MIX” described the spicy nature of the product and could not be monopolised by one trader. It also argued that its house mark “JABSONS”, different packaging and colour scheme distinguished its products from Shah Namkeen's.
Rejecting this defence, the Court held that Jabsons had used the expression as the name of its product rather than merely to describe its characteristics. It said that “on the pack, HOT MIX is the largest and the most prominent text, and is the very name of the product.”
It also noted that Jabsons had marketed numerous varieties of namkeen for over 15 years without using “HOT MIX” and adopted the expression only in October 2023. It found that Jabsons had not established that the expression was widely used by other traders. Photographs of a few third-party packages, without evidence of the extent of their use or market presence, were insufficient to establish that “HOT MIX” was common to the trade.
Further, the Bench observed that namkeen is an everyday consumer product often purchased over the counter by asking for it by name. Jabsons' invoices showed sales of 30-gram packets priced at Rs. 10, and the Court noted that purchasers would not ordinarily pause to examine the packaging closely. It held:
“The defendant's adoption of the impugned mark poses a far greater threat to the distinctiveness of the plaintiff's mark than that posed by other users.”
Justice Kaurav also held that adding “JABSONS” and changing the packaging did not overcome the copying of the dominant feature of Shah Namkeen's registered label. The use of the identical expression for identical goods could lead consumers to believe that the products originated from, or were connected with, Shah Namkeen.
The Bench found a prima facie case of trademark infringement and passing off and confirmed the restraint against Jabsons until final adjudication of the suit. The injunction bars Jabsons from manufacturing, selling, advertising or dealing in namkeen, snacks or allied goods under “HOT MIX” or any deceptively similar mark or label.
It clarified that Jabsons remains free to use its house mark and the words “hot” or “mix” individually in their ordinary descriptive sense, provided it does not use “HOT MIX”, or a deceptively similar expression, as a product name, mark or label. It also clarified that its findings are prima facie and will not determine the final outcome of the suit.
Accordingly, the High Court dismissed Jabsons' application to vacate the injunction and continued the restraint until final adjudication of the suit. The matter is listed before the Joint Registrar on 7 December 2026.
For Shah Namkeen: Advocate Umesh Mishra with Divyanshu Rai
For Jabsons Food: Advocate Sandeep Ranjan with Bhuvi Mishra & Navin Kumar