Delhi HC Restrains 'Electroford' From Selling ORS Products In Packaging Similar To FDC's 'Electral'

The Delhi High Court on 7 July restrained Wellford Pharmaceutical Private Limited and its director from manufacturing, marketing or selling ORS and electrolyte products under trade dress deceptively similar to FDC Limited's well-known “ELECTRAL” packaging, in a suit alleging copyright infringement and passing off.

Justice Jyoti Singh granted an ex parte ad interim injunction, restraining Wellford from dealing in products bearing the impugned “ELECTROFORD ADVANCED” packaging or any packaging identical or deceptively similar to FDC's green-and-white trade dress. She observed:

“Plaintiff has made out a prima facie case for grant of ex parte ad interim injunction. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case ex parte ad interim injunction as prayed for, is not granted.”

FDC, which has manufactured the ORS brand “ELECTRAL” since 1972, filed the suit after discovering in December 2025 that Wellford was selling a product titled “ELECTROFORD ADVANCED” in packaging allegedly imitating its distinctive green-and-white trade dress. It issued a cease-and-desist notice to Wellford on 18 December 2025, followed by a reminder on 22 January 2026, but claimed that the communications received no response.

The company claimed statutory rights over the “ELECTRAL” word mark and logo, registered since 1968, and copyright protection over its packaging as an original artistic work under Section 2(c) of the Copyright Act, 1957. The Trade Marks Registry had declared the mark well-known in February 2024.

Comparing the rival packaging, the Court noted that Wellford's product was orange-flavoured and displayed images of oranges, but had adopted a green-and-white colour scheme along with design elements similar to FDC's packaging. It observed:

“It is noteworthy that the above-depicted Defendants' product is orange-flavoured, with oranges depicted on the packaging. However, the Defendants have consciously adopted a green-and-white colour scheme, along with bold and thick device lines at the top and bottom of the packaging, with the intention of causing consumer deception and misleading consumers.”

Further, the Bench observed that consumer confusion in relation to products such as ORS and electrolytes would not serve public interest. It added:

“Prima facie appears that Defendants have attempted to come as close as possible to Plaintiff's trade dress/packaging and this will impact Plaintiff's goodwill and cause harm and injury to it.”

Accordingly, the High Court restrained Wellford and its director from manufacturing, marketing or selling products bearing the impugned trade dress, holding that continued use of such packaging would amount to infringement of copyright and passing off.

The matter is listed for further hearing on 2 November 2026.