Kerala High Court Upholds Injunction On Greenmount's 'Brahmin Sambar Powder' In Wipro Trademark Case

The Kerala High Court on 27 October upheld an interim injunction restraining Greenmount Spices Private Limited from using “Brahmin Sambar Powder” on its products in a trademark dispute brought by Wipro Enterprises Private Limited, which owns the Brahmins food products business.

Justice C.S. Dias said the overall presentation of the product must be examined to determine whether the expression describes a characteristic of the goods or suggests a commercial association. He held that Section Section 30(2)(a) of the Trade Marks Act, 1999 “turns on whether, viewed in its context, the expression is genuinely used to indicate the kind or another characteristic of the goods.”

Wipro instituted the suit seeking to restrain Greenmount from manufacturing, advertising, selling, distributing, offering for sale or exporting food products, including sambar powder, using “Brahmins”, “Brahmins Sambar Powder” or identical or deceptively similar marks.

In 2023, Wipro acquired the Brahmins food products business, including its trademark and goodwill. It submitted that its predecessor had launched Brahmins Sambar Powder in 1989.

Greenmount argued that “Greenmount” was its distinctive trademark and that “Brahmin Sambar Powder” merely described the product. It contended that the expression was generic and descriptive, referring to the culinary traditions of the Brahmin community.

The Court held that Section 30(2)(a) does not grant an unrestricted licence to use a registered expression merely because a trader characterises it as descriptive. The assessment must consider the product's overall presentation, including the prominence, placement and relative size of the words and other distinctive features on the packaging. These issues required a full trial and could not be conclusively determined at the interim stage.

It noted that material submitted by Wipro, including an inauguration notice dated 13 July 1987, prima facie indicated that Brahmins food products had been launched that year. It also noted that, according to Greenmount's own case, it began using the name “Greenmount Brahmin Sambar Powder” only in 2011, lending prima facie support to Wipro's claim of prior use.

Further, the Bench clarified that displaying a manufacturer's own trademark does not, by itself, answer an infringement claim, as another expression on the product may suggest a commercial association with another business.

Finding that Wipro had established a prima facie case and that the balance of convenience favoured it, it held that continued use of the expression, if ultimately found infringing, could cause injury that might not be adequately compensated through damages.

Accordingly, the High Court dismissed Greenmount's appeal and directed the trial court to decide the suit in accordance with law.