Delhi High Court Temporarily Restrains Sale Of 'THUNDER 15000' Beer In InBrew's Trademark Suit

The Delhi High Court has restrained the Bhutan-based manufacturer of alcoholic beverages sold under the mark 'THUNDER 15000' and the entity importing, selling, and distributing the beer in Jharkhand from dealing in products under the mark.

The interim restraint will remain in force until the next hearing on December 21, 2026.

The order came in a trademark infringement suit filed by InBrew Beverages Private Limited over its registered 'THUNDERBOLT' mark.

Justice Jyoti Singh passed the order on an application by InBrew seeking an ad interim injunction.

The court held that InBrew had “made out a prima facie case for grant of ex parte ad interim injunction”. It also found that the balance of convenience lay in the company's favour and that it was likely to suffer irreparable harm if the injunction was not granted.

InBrew told the court that it is an alcoholic beverages company with a portfolio of over 43 spirits brands, including Thunderbolt, Vin Green Label and White Mischief. It traced the THUNDERBOLT mark to 1984, when it was adopted by Mount Shivalik Breweries Limited. The rights were later acquired by Molson Coors India Private Limited and subsequently by InBrew.

InBrew is the registered proprietor of THUNDERBOLT for beer, with its earliest registration dating back to 1984.

According to the suit, the Bhutan-based manufacturer makes, sells, markets, and distributes alcoholic beverages in Bhutan, including products bearing THUNDER 15000. The entity dealing with the product in India imports, sells and distributes the beer in Jharkhand.

In the first week of May 2026, InBrew came across an Instagram post stating that the beer was being imported and sold in Jharkhand under THUNDER 15000. The post suggested that the entity had been promoting beer under the mark since December 2025.

The court noted that the entity operating in Jharkhand had obtained an excise licence from the Department of Excise & Prohibition, Jharkhand. The Bhutan-based manufacturer had also obtained a Brand Registration Certificate for THUNDER 15000 from Bhutan's Ministry of Finance, Department of Revenue and Customs on April 7, 2026.

Neither had filed an application for registration of THUNDER 15000 in India. InBrew argued that the mark was deceptively similar to THUNDERBOLT because it adopted “THUNDER” in full and replaced “BOLT” with the numeral “15000”.

The company also pointed to the common trade channels and consumer base for the competing beers. It argued that the similarity created a likelihood of confusion among consumers.

The court observed that the parties had adopted “THUNDER in entirety”, which it described as the “prominent and dominant part” of THUNDERBOLT. Adding the numeral 15000 was not enough to distinguish the rival marks, the court ruled.

The competing marks were also being used for similar goods. Given the common trade channels and consumer base, the court found that there was a likelihood of confusion among the public.

It further observed that the parties had attempted to come as close as possible to InBrew's mark to misrepresent an association with the company and exploit its goodwill and reputation.

InBrew also raised concerns about the quality of the rival products. It told the court that it had no control over how the alcoholic beverages were manufactured, packaged, or sold. Any deficiency in quality, it argued, could damage the goodwill and reputation associated with THUNDERBOLT and mislead consumers about the source of the products.

The court found that, prima facie, the parties were “infringing Plaintiff's registered trademarks and passing off their goods as those of the Plaintiff.” Passing off broadly refers to presenting goods in a way that could make consumers believe they are associated with another business or brand.

Until the next hearing, the entity importing and selling the beer in Jharkhand, along with those acting on its behalf, has been restrained from manufacturing, selling, advertising, promoting, distributing, importing, exporting, or otherwise dealing in alcoholic beverages under THUNDER 15000. The restraint also covers marks identical or deceptively similar to THUNDERBOLT or its formative marks.

The Bhutan-based manufacturer has separately been restrained from exporting the impugned products into India or importing them from India under THUNDER 15000. These restraints are interim and will operate until the next hearing on December 21, 2026.