In a notable decision earlier this month, the Delhi High Court intervened in a trademark dispute brought by Colgate-Palmolive against allegedly infringing Chinese goods. The case Colgate Palmolive Co Vs John Doe & Ors underscores the continuing tensions between global consumer brands and new entrants who mimic the look and feel to ride on brand equity. More significantly, the High Court’s direction to Customs to physically inspect seized goods, report their findings, and preserve them provides instructive guidance for rights holders seeking interlocutory relief.
This newsletter unpacks the facts, legal issues, judicial reasoning, and practical take-aways for brand owners, IP practitioners, and regulators in India navigating trademark enforcement.
Background & Factual Matrix
• Colgate discovered that toothbrushes and toothpastes being imported from China under the brand name “Doctor Good” were packaged with a red and blue colour scheme and trade dress impression that closely mirrored its own iconic packaging.
• The alleged infringer’s goods were found in containers at Mundra Port. Colgate urged the High Court to restrain further use of the impugned trade dress and restrain import or distribution of the goods.
• The Delhi High Court perceived prima facie merit in Colgate’s argument: the Court observed that the alleged trade dress was “deceptively similar” and that the product categories, trade channel, and consumer base of the parties overlapped.
• However, the Court declined to grant a full injunction at this stage, citing absence of clarity whether the specific goods at Customs indeed bore the impugned dress. It ordered the Customs authorities to open two suspect boxes, to examine the goods in the presence of Colgate’s representatives, photograph and document them, detain them, and file a sealed report.
• The Court also asked for details of exporter, consignee, description, quantity, country of origin, etc. The next hearing is scheduled for October 29.
Safeguarding your Brand
Protecting intellectual property is both a legal necessity and a long-term business strategy. Companies often rely on professional legal services to navigate such enforcement processes efficiently. Any company or brand that wishes to preserve the value of its creations must build protection into everyday operations rather than treat it as an afterthought.
The first and most fundamental step is to secure formal registration. Trademarks, designs, and patents should be filed as early as possible, ideally before a product or service reaches the market, so that ownership is clearly established from the outset. Early filing is especially important in jurisdictions such as India, where applications can be made on a “proposed to be used” basis, allowing a brand owner to claim priority even before commercial launch. Registration should be comprehensive, covering all relevant classes of goods and services and every country where the brand is sold or manufactured. Renewals and changes of ownership must be recorded promptly so that no gaps appear in the legal chain of title.stem to keep watch over competitors, distributors and online marketplaces. Regular reviews of trade publications, retail shelves and e-commerce sites can reveal look-alike packaging or infringing names before they gain a foothold. Many brand owners also monitor new domain registrations and social-media handles to catch copycat accounts or websites that could dilute the brand. Technology can help: trademark watch services and image-recognition tools provide automated alerts when potentially infringing content surfaces.
Strong internal management is just as critical as external monitoring. Maintaining an up-to-date inventory of all intellectual property—trademarks, patents, copyrights, trade secrets, and licences—gives decision-makers a clear picture of what must be defended. Employment and contractor agreements should contain confidentiality and IP assignment clauses so that inventions and creative works developed in the course of work remain the property of the company. Regular staff training reinforces the importance of these obligations and helps teams avoid accidentally infringing the rights of others when creating new products or marketing material.
Cultivating consumer awareness is another powerful safeguard. A brand that is easily recognised by its distinctive look, sound, or feel is harder for imitators to mimic without drawing attention. Consistent use of logos, colour schemes, and messaging reinforces that distinctiveness in the public mind, which strengthens legal claims of trade-dress or trademark protection.
Companies can also educate consumers about how to identify genuine goods, using holograms, QR codes or other authentication devices. Encouraging customers to report suspicious products creates an early warning network that multiplies the company’s own surveillance efforts.
Periodic intellectual-property audits tie these efforts together. An annual review helps determine whether existing protections still match the company’s evolving business, whether new creations need registration, and whether unused assets could be licensed or sold. These audits also identify potential risks from competitors’ portfolios and help ensure the company itself remains clear of infringing others’ rights.
Technology can further reinforce protection. Track-and-trace tools such as barcodes, RFID tags and blockchain systems make it easier to secure supply chains and detect counterfeiting. For digital works, deploying digital-rights-management solutions and monitoring app stores or video platforms helps guard against piracy.
Protecting intellectual property ultimately requires a blend of legal diligence, constant observation and public engagement. Timely registration establishes ownership, regular market checks reveal problems early, consumer awareness builds loyalty and evidence of distinctiveness, and disciplined internal procedures keep every employee aligned with the company’s IP strategy. The investment in these practices is modest compared with the potential loss of market share, goodwill and enforcement costs that can arise from neglect.
By weaving these measures into daily operations, any brand or rights holder can create a durable shield around its intellectual assets and secure the long-term value of its ideas and reputation.
