In a trademark dispute over the brand name Kalash used for edible oils, K.S. Oils Limited appealed an ex-parte order from the trial court that had stopped it from using the name and related labels. The fight traces back to assignments of rights from the same person, Gopal Das Garg, decades ago to K.S. Oils, which also held trademark registrations and used the brand extensively until it faced insolvency proceedings between 2017 and 2025. After the company was auctioned and revived in early 2025, Shivang Edibles Oils Limited claimed it had received a fresh assignment in January 2026 and had been selling under Kalash since 2017, arguing K.S. Oils had abandoned the mark. The trial court granted an urgent injunction in February 2026 without hearing K.S. Oils, finding a case of passing off. On appeal, the Delhi High Court examined the chain of documents, earlier registrations, annual reports showing long use by K.S. Oils, and the fact that the mark was treated as an asset during insolvency. The Division Bench ruled that the trial court should not have passed an ex-parte order because both sides claimed rights from the same source, K.S. Oils had strong prior documents and registrations on record, and the matter required both parties to be heard first. The court set aside the injunction, directed the trial court to decide the application afresh after allowing pleadings and hearing both sides, and asked K.S. Oils to keep proper sales records in the meantime.
K.S. OILS LIMITED v. SHIVANG EDIBLES OILS LIMITED AND ANR., 30.03.2026, FAO (COMM) 69/2026 & CM APPL. 14636/2026, CM APPL. 14639-14642/2026, Neutral Citation not provided, High Court of Delhi, Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora.
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
#IPUpdate #IPCaselaw #IPCaseLaw #IPLaw #IPRNews #IPIndiaupdate #Trademark #Copyright #DesignLaw #PatentLaw #Law #Legal #IndianIPUpdate #AdvocateAjayAmitabhSuman #IPAdjutor
