In a recent order dated April 23, 2025, the Delhi High Court granted ex-parte ad-interim injunction to Wipro Enterprises Private Limited (“Wipro”) in a trademark infringement suit against Global Care Industries, restraining the later from using the mark ‘MACKLEAN’, which was found to be deceptively similar to Wipro’s registered and prior mark ‘MAXKLEEN’.
Wipro, a prominent FMCG company, acquired rights in the mark MAXKLEEN through its predecessor-in-interest in 2007. The mark was originally coined in 1990 and has been extensively used in India since 2019 f or disinfectants and cleaners. Wipro submitted that it holds several valid registrations for MAXKLEEN in Classes 3 and 5 and has made significant sales and advertising investments under the mark.
In March 2025, Wipro discovered that the defendants were marketing identical products under the mark MACKLEAN on e-commerce platforms, namely, Meesho and TradeRaise. It was alleged that the adoption of MACKLEAN was dishonest, intended to ride on the goodwill of MAXKLEEN, and was likely to confuse consumers.
The Court found merit in Wipro’s claim, observing that the marks MAXKLEEN and MACKLEAN are phonetically and visually similar and are used for identical goods, thereby establishing a prima facie case of trade mark infringement and passing off.
Accordingly, the Court granted an ex-parte ad-interim injunction in favour of Wipro restraining the defendants from using the mark MACKLEAN or any deceptively similar variant. Further, a Local Commissioner was appointed to visit the defendants’ premises, seize infringing goods, and file an inventory report under full protection of concerned SHO and DCP.
Wipro Enterprises Private Limited vs. Global Care Industries & Anr. [CS(COMM) 365/2025 with I.A. 10101/2025, I.A. 10102/2025, I.A.10103/2025, I.A. 10104/2025, I.A. 10105/2025, I.A. 10106/2025. and I.A. 10107/2025]