Delhi High Court Restrains Brahmastra Pharmacy From Using 'STAND UP' Mark Over Trade Dress Similarity

The Delhi High Court on 30 April restrained Brahmastra Pharmacy from using the mark 'STAND UP' along with its label and trade dress in a suit filed by PSTGems Private Limited and found prima facie similarity warranting injunctive relief.

A Bench of Justice Tushar Rao Gedela observed that interim protection can be granted against adoption of a deceptively similar trademark and trade dress when visual comparison indicates a likelihood of consumer confusion. He held:

"the mark 'STAND UP'...is identically placed by the defendants on its label in the centre with identical font, style and colour."

PSTGems, incorporated in 2022, markets nutraceutical and sexual wellness products under the house mark 'BRAMPIUM' and uses the sub-brand 'STAND UP' for male vitality products.

It coined the mark in April 2024 and holds trademark registrations as well as copyright over its label and artistic logo. The company reported net revenues of over Rs. 41 crores between April 2025 and February 2026, with advertising expenditure exceeding Rs. 12 crores.

The dispute arose in October 2025 when PSTGems, during a routine diligence check, discovered Brahmastra Pharmacy selling an Ayurvedic capsule under the same 'STAND UP' mark through its website, a physical outlet in New Delhi, and via co-defendant Astrabrahma Buzz Idea Private Limited on Amazon.in.

A test purchase confirmed availability of the product, and PSTGems also received consumer queries indicating confusion over the source of the goods.

PSTGems contended that Brahmastra copied not only the mark but also the overall packaging, including font, colour scheme, bottle shade, and a distinctive double-heart logo. It also relied on its proprietary branding and registration claims to assert exclusive rights over the mark and trade dress.

Brahmastra Pharmacy argued that the competing products belonged to different categories, stating that PSTGems sold a Schedule H drug while its own product constituted an Ayurvedic proprietary medicine.

It further submitted that 'STAND UP' constituted a generic expression lacking distinctiveness, that prior third-party use existed, and that its house mark 'BPRK Pharma' appeared prominently on its packaging. It also contended that the trade channels were distinct and ruled out any likelihood of confusion.

The High Court, however, rejected these submissions after examining both products in court. It found that the label layout, placement of the mark, font style, colour scheme, and supporting textual elements such as “Health with”, “net quantity”, “desire” and “vitality” appeared materially identical.

The Bench also noted similarity in the dark brown transparent bottle design, differing only in cap colour, and observed that the heart-shaped logos created a strong likelihood of confusion among ordinary consumers.

Justice Gedela further recorded that a coordinate Bench, in September 2025, had already granted similar interim relief in another proceeding involving the same plaintiff's 'STAND UP' mark, reinforcing the prima facie view on infringement.

The matter is now listed for further hearing on 3 September 2026.