Flipkart Barred from Using ‘MarQ’ Brand as Delhi HC Upholds Ban

As part of its ongoing trademark dispute with Marc Enterprises, Flipkart filed an appeal, but the Delhi High Court rejected it. An earlier order that prevented the e-commerce giant from selling appliances under the "MarQ" brand was essentially upheld by the HC. The issue started in 2018 when Marc Enterprises went to a trial court, claiming that Flipkart's 'MarQ' branding violated its registered 'MARC' trademark.

Marc contended that customers could be misled by the similarities between the two names because it has been selling electrical goods, including fittings and appliances, under the 'MARC' mark since the early 1980s. The online retailer Flipkart appealed a preliminary injunction that the lower court had issued against it to the High Court.

Delhi High Court’s Response to Flipkart

The HC's decision, issued on April 10, 2026, did not seek to alter the decree. According to it, the trial court had followed the right rules of law. Additionally, the court ruled that unless the previous ruling was obviously incorrect, there was no basis for an appeals court to adopt a different opinion. No such problem was detected in this instance. The court found that "MARC" and "MarQ" are structurally and phonetically similar, suggesting that an uninitiated "average consumer" could easily mistake one for the other.

It went on to say that both businesses sell electrical and electronic goods through comparable channels, including online marketplaces, and that their operations are highly related. The court found that the possibility of confusion is increased due to this overlap. Launched in 2017, Flipkart's 'MarQ' brand was meant to convey quality at cheap rates, according to the company. In addition, the online retailer insisted that the name was always used in conjunction with its own house brand. The company added that its wares are available for purchase on the internet, where customers are more likely to exercise caution and avoid confusion.

The trademarks "Flipkart MarQ" and "MarQ by Flipkart" that the firm subsequently registered were also emphasised. The court, however, rejected these claims. They claimed that even with the Flipkart name added, the fundamental marks are still too similar, particularly when the competing words sound and look so similar.

Delhi HC Agrees with Marc’s Arguments

The court emphasised that Marc Enterprises is the first user with trademark registrations going all the way back to 1984 while discussing trademark rights. The term "MarQ" was exclusively used by Flipkart in 2017. This void, the court ruled, lends credibility to Marc's claim while undercutting Flipkart's argument.

It further made clear that Flipkart's subsequent trademark registrations do not resolve the issue of infringement or supersede the earlier injunction. It is worth mentioning that the verdict is delivered just as Flipkart is getting ready to go public. The business is looking at potential pre-IPO funding rounds of $2 billion to $2.5 billion from investors throughout the world.