Delhi High Court Upholds Injunction Against Sauss Home's 'Flying Bird' Mark On Detergent, Washing Soap Products

The Delhi High Court has recently upheld an interim injunction restraining Sauss Home Products Private Limited from using a “Flying Bird” device mark in relation to washing soap, washing powder, detergent powder and cake, and cleaning starch.

A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed the company's appeal on February 7, 2026. The court held that the “Flying Bird marks of the appellant and respondent were practically identical in appearance, in shape, colour scheme and lay out” and were used for identical goods.

Reckitt Benckiser India Private Limited, which sells products under the “ROBIN” brand, had obtained an injunction from a Single Judge in August 2025. Sauss Home challenged that order.

Sauss claimed it had been using the device since April 1, 1976. It relied on a September 21, 1997, issue of the “Sainik Newspaper” to support its plea of prior use.

The High Court found that the newspaper carried reports of events that happened years later, including Pakistan's test of the Babar missile in August 2005 and an attack on the US ambassador's car in September 2012.

Observing that the article was either "fabricated or that the author was blessed with the gift of clairvoyance,” the Bench held that filing such a document “completely disentitled the appellant from any interim relief.” The court stressed that a party seeking an injunction must come with “clean hands.”

The court clarified that while no trademark infringement action lies between two registered proprietors, a passing-off action is maintainable. Passing off, it said, is “fundamentally founded on deceit.”

The court agreed that Reckitt had shown prima facie use of the redesigned Flying Bird device at least since 2000 and had established goodwill in the mark before any proven use by Sauss.

Finding no reason to interfere with the Single Judge's discretion, the Division Bench dismissed the appeal and maintained the injunction

For Sauss Home Products: Senior Advocate Gagan Gupta with Advocates Arkaj Kumar, Ramya Aggarwal, Akshat Khanna and Srishti Arora

For Reckitt Benckiser: Senior Advocate C.M. Lall with Advocates Rahul Chaudhry, Ekta Sarin, Nikhil Sharma and Vanshika Arora