Judge the Packet, Not the Parts, Bombay High Court Lifts Restraint in Popcorn Maize Trade Dress Dispute

Judge the Packet, Not the Parts, Bombay High Court Lifts Restraint in Popcorn Maize Trade Dress Dispute

Introduction

The Bombay High Court has lifted an interim restraint imposed on a Uttar Pradesh–based popcorn maize seller in a trade dress and trademark dispute, holding that the lower court failed to conduct a proper comparison of the rival packaging. The decision reiterates that allegations of deceptive similarity must be assessed by examining the overall look and feel of competing products from the perspective of an ordinary consumer.

Factual Background

Shah Nanji Nagis Exports Pvt. Ltd. (SNN), a Nagpur-based exporter of pulses, grains and corn, claimed exclusive rights over its “SNN” trademark and associated trade dress. It alleged that SNT & Co., a popcorn maize seller based in Uttar Pradesh, had adopted packaging that was deceptively similar to its own.

According to SNN, the use of the “SNT” mark and the overall presentation of the popcorn maize packaging amounted to infringement and passing off, likely to mislead consumers.

Procedural Background

In June 2025, the District Court granted a temporary injunction restraining SNT & Co. from using its brand name and packaging for popcorn maize. Aggrieved by this order, SNT & Co. approached the Bombay High Court at Nagpur by way of an appeal.

The appeal was heard by a single-judge Bench of Justice Rohit W. Joshi, which examined whether the District Court had correctly applied the principles governing trade dress comparison.

Issues

1. Whether the District Court had properly compared the rival trade dresses as a whole.

2. Whether the interim injunction restraining SNT & Co. was justified on the material placed on record.

3. Whether the alleged similarity was sufficient to cause confusion in the mind of an ordinary consumer.

Contentions of the Parties

SNN argued that its trade dress and brand identity were being imitated and that the District Court was right in granting interim protection to prevent market confusion.

SNT & Co., on the other hand, contended that its packaging was visually distinct. It pointed out differences in imagery, colour patterns, font style and overall presentation, and argued that the District Court failed to meaningfully analyse these distinguishing features before granting the injunction.

Reasoning and Analysis

The High Court emphasised that while deceptive similarity must be assessed from the viewpoint of an ordinary consumer, such an exercise necessarily requires a careful and holistic comparison of the rival trade dresses.

Justice Joshi observed that the court must “sit in the armchair of the end consumer” to assess the likelihood of confusion. At the same time, the judgment clarified that courts should not mechanically focus on isolated elements but must examine the overall visual impression created by the packaging.

Applying this principle, the Court found that the District Court’s reasoning was incomplete. It noted that SNN’s packaging used a relatively simple design with plain colour bands, whereas SNT’s packaging prominently featured popcorn imagery, different fonts and varied colour patterns. These features, when viewed together, made the two products visually distinguishable.

The High Court held that although distinctive features should not be overemphasised in isolation, they must still be discussed and evaluated to determine whether, as a whole, thecompeting trade dresses are likely to confuse consumers. The failure to undertake this exercise rendered the injunction unsustainable.

Decision

The Bombay High Court set aside the interim injunction restraining SNT & Co. from using its brand name and packaging. The matter was remanded to the District Court for a fresh hearing, with a direction to re-examine the issue after properly comparing the rival trade dresses in their entirety.

In this case the appellant was represented by Mr. YB Sharma, Advocate. Meanwhile the respondent was represented by Mr. SS Dewani, Advocate.