Delhi HC Upholds Ban On Flipkart’s Use Of ‘MarQ’ Brand

The Delhi High Court has dismissed an appeal filed by Flipkart in its long-running trademark dispute with Marc Enterprises, effectively upholding an earlier injunction that restrained the ecommerce major from using the ‘MarQ’ brand for its appliances.

The case dates back to 2018, when Marc Enterprises approached a trial court alleging that Flipkart’s ‘MarQ’ branding infringed its registered ‘MARC’ trademark. 

Marc, which has been selling electrical goods such as fittings and appliances under the ‘MARC’ mark since the early 1980s, argued that the similarity between the two names could mislead consumers. 

The trial court had granted an interim injunction against Flipkart, which the ecommerce company later challenged in the HC.

In its judgment delivered on April 10, 2026, the HC refused to interfere with the order. It said the trial court had applied the correct legal principles and there was no reason for an appellate court to take a different view unless the earlier decision was clearly flawed. In this case, it found no such issue.

The court said that ‘MARC’ and ‘MarQ’ are phonetically and structurally similar and an “average consumer” with limited attention to detail could easily confuse the two. It also noted that both companies operate in closely related categories of electrical and electronic goods, and their products are sold through similar channels, including online platforms. This overlap, the court said, increases the likelihood of confusion.

Flipkart had argued that its ‘MarQ’ brand, launched in 2017, was designed to signal quality at affordable prices and was always used along with its house brand. It also said that its products are sold online, where buyers are more careful and less likely to be confused. The company also highlighted the trademark registrations it later secured for “Flipkart MarQ” and “MarQ by Flipkart”.

However, the court did not accept these arguments. It said that adding the Flipkart name does not remove the similarity between the core marks, especially when the competing words remain nearly identical in sound and appearance. 

It also rejected the contention that online sales reduce confusion, noting that phonetic similarity still matters even in ecommerce settings.

On the issue of trademark rights, the court highlighted that Marc Enterprises is the prior user, with registrations dating back to 1984 and use claimed since 1981. Flipkart, on the other hand, adopted ‘MarQ’ only in 2017. The court said this gap strengthens Marc’s claim and weakens Flipkart’s defence. 

It also clarified that later trademark registrations obtained by Flipkart do not override the earlier injunction or settle the question of infringement at this stage.

Notably, the ruling comes at a time when Flipkart is preparing for a public listing and exploring a $2 Bn to $2.5 Bn pre-IPO fundraise from both domestic and global investors. 

The company has held discussions with multiple investment banks in the US and India to gauge investor interest, even as a final call on the round is yet to be taken by its majority owner Walmart.

On the financial front, Flipkart’s marketplace arm reported a 14% rise in operating revenue to ₹20,493 Cr in FY25. Its loss narrowed 37% YoY to ₹1,494 Cr.

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