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Delhi High Court Restrains Varun Beverages from Using 'SMOOTH' Mark for Yoghurt Drink
The on granted an restraining from using the mark 'SMOOTH' for its proposed dairy-based yoghurt drink. Justice Jyoti Singh, presiding over the , held that the mark was to 's registered trademark 'SMOODH' and amounted to ' '.
A Tale of Two 'Smooth' Drinks
, one of India's largest beverage companies, adopted the trademark 'SMOODH' in 2020 and launched its dairy-based flavoured drinks under that mark in 2021. The company holds multiple registrations for 'SMOODH' and its formative marks across Classes 29, 32, and 35. Parle claimed a sales turnover exceeding ₹1,648 crore under the SMOODH mark between 2021–22 and 2025–26, along with promotional spending of over ₹201 crore, supported by celebrity endorsements from Varun Dhawan and Dulquer Salmaan.
The dispute arose when , on , came across an article reporting that Varun Beverages—in partnership with Japan's —intended to launch a ready-to-drink dairy-based yoghurt in India under the 'CALPIS' brand, bearing the mark 'SMOOTH'. Although the product had not yet entered the Indian market, Parle swiftly moved the High Court seeking an injunction.
or Coincidence?
Senior Advocate , appearing for , argued that the defendant had dishonestly adopted the impugned mark by merely substituting the letter 'D' with 'T'. He contended that the rival goods—dairy-based yoghurt drinks—were identical, and the trade channels and consumer base overlapped. He further highlighted that the product packaging was designed so that 'CALPIS' appeared in a smaller font compared to 'SMOOTH', giving prominence to the allegedly infringing mark.
The court found these arguments compelling. Justice Singh observed that the substitution of 'D' with 'T' was "nothing but
" and noted that the packaging strengthened the case. The court remarked:
"The intent to come as close as possible to the Plaintiff is fortified by the fact that Defendants have designed the product packaging in a manner that their own brand name CALPIS is in a smaller font compared to the mark SMOOTH, so as to give prominence to the latter and misrepresent to the public that their product has an association and/or some commercial nexus with the Plaintiff."
Court's Verdict: Injunction Granted
Considering 's established , sales figures, promotional expenditure, and celebrity endorsements, the court held that the plaintiff had made out a case. The lay in favour of Parle, and was likely if the injunction was not granted.
The court restrained Varun Beverages, its officers, distributors, and agents from using the mark 'SMOOTH' or any mark. The order also covered packaging where the disputed mark appears more prominently than the company's own brand name. The matter is listed before the Joint Registrar on and before the court on .
