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Halts 'Stand Up' Copycats: Injunction Shields PSTGems' Sexual Wellness Brand
In a swift move amid a burgeoning market for intimacy boosters, the has granted an to health tech firm PSTGems Private Limited against Brahmastra Pharmacy and affiliates. Justice Tushar Rao Gedela ruled that the defendants' "STAND UP" capsules mimic the plaintiff's registered trademark and label too closely, risking consumer mix-ups. The order, passed on , in CS(COMM) 461/2026, restrains further sales pending final arguments.
From Brampium Launch to Pharmacy Raid
PSTGems, self-proclaimed India's largest "love brand" and valued at over USD 169 million, entered the sexual health arena in April 2024 with its 'BRAMPIUM' range. This included 'STAND UP' capsules for vitality and stamina, sold via brampium.com—drawing 1 crore visitors and 3 lakh orders by early 2026. Backed by skyrocketing revenues from Rs 3.46 crore in 2022-23 to over Rs 41 crore by February 2026, and heavy ad spends, the brand features a distinctive label: bold "STAND UP" in the center, flanked by heart icons, parameter boxes for "health with desire" and "vitality," and a dark brown bottle.
Trouble brewed in October 2025 when PSTGems spotted Brahmastra Pharmacy hawking identical
"STAND UP Ayurvedic Capsules for Vitality, Stamina, Desire"
on brahmastrapharmacy.com and Amazon.in. A physical visit to their Delhi outlet uncovered stacks of the product, with one purchased sample revealing near-identical packaging—swapping only "BRAMPIUM" for "BPRK PHARMA." Confused loyal customers even queried if Brahmastra was linked to PSTGems, underscoring real-world harm.
Plaintiff's Blitz: 'Flagrant Theft of Goodwill'
PSTGems alleged trademark infringement of its registered 'STAND UP' (under ) and copyright violation in the artistic logo (). Prayers sought bans on sales, website takedowns, disclosure of manufacturer 'M.H. Jaipur' details, and blocks on shipping/payment gateways like Amazon. They stressed the label's visual, phonetic, and conceptual mimicry, positioning it as a deliberate "" to siphon their massive goodwill.
Defendants' Defense: 'Just Ayurveda, Not a Knockoff'
countered that 'STAND UP' is generic/descriptive—used by many pre-dating PSTGems' claim—and their Ayurvedic proprietary medicine differs from PSTGems' Schedule H drugs. Prominent "BPRK PHARMA" branding, separate retail channels, and compositional distinctions allegedly nix confusion. They sought time for a full reply, hinting at challenging PSTGems' registration for lack of distinctiveness.
Court Zooms In: 'Identical Font, Hearts, and All'
Justice Gedela meticulously compared physical samples in court. He noted: the
"mark ‘STAND UP’... is identically placed by the defendants on its label in the centre with identical font, style and colour."
Parameter boxes, "desire/vitality" phrasing, bottle hue—even twin hearts—were carbon copies. Minor diffs like cap color or innards paled against overall deception. Citing a prior coordinate bench ruling in CS(COMM) 1021/2025 (restraining similar infringers), and Supreme Court precedent in
for mediation exemption, the court found a strong .
Exemption applications (additional docs, copies, mediation, local commissioner) were mostly allowed or dismissed as infructuous post-defendants' appearance.
Key Observations
"The visual examination of both the rival labels clearly indicates that the mark ‘STAND UP’, which is registered in the name of the plaintiff, is identically placed by the defendants on its label in the centre with identical font, style and colour. Even the table noting parameters i.e. ‘Health with’ and ‘net quantity’ with ‘desire’ and ‘vitality’... are also written identically..."
"The depiction of two small hearts, which is placed by the plaintiff as also the defendants, is quite similar and would tend to and is likely to confuse the ordinary consumer..."
"At this stage, this Court is of the considered opinion that the label of the defendants containing the mark ‘STAND UP’ with the two hearts in that stylized manner cannot be permitted to be continued. It appears that permitting further usage... would create confusion in the mind of general public..."
Locked and Loaded: Injunction's Ripple Effects
Defendants are barred from using the infringing label—"STAND UP" plus elements like hearts and boxes—and must delist from brahmastrapharmacy.com. The restraint holds till final disposal on , with replies due in four weeks. Summons issued; suit registered.
This underscores courts' zero-tolerance for trade dress clones in fast-growing wellness sectors, even if products vary slightly. PSTGems' win bolsters IP safeguards for emerging DTC brands, potentially deterring copycats eyeing viral intimacy aids.
