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Dabur India Limited v. Mohammed Ali Akber & Ors.

Delhi HC24 Apr 2026CS(COMM)/904/2024

Case brief

AI extract

What is this about?

Delhi High Court CS(COMM) 904/2024, Jyoti Singh J, 24.04.2026 — Dabur India Ltd v Mohammed Ali Akber & Ors; trademark infringement/passing off, REAL mark v 'Be Real' beverages; suit resolved through Delhi HC Mediation and Conciliation Centre; Settlement Agreement dated 26.02.2026; Defendants to discontinue 'Be Real' mark/logo for Classes 29, 30, 32 and withdraw TM application No. 2939840 within 30 days; suit decreed in terms of settlement; full refund of court fees under Court Fees Act, 1870.

What did the court decide?

Suit decreed in terms of the Settlement Agreement dated 26.02.2026 (which forms part of the decree and binds the parties); Registry directed to draw up the decree sheet; suit disposed of along with pending application I.A. 42380/2024; Plaintiff entitled to refund of entire court fees under the Court Fees Act, 1870.

Dabur India Limited Vs Mohammed Ali Akber & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Defendants' use of the mark/trade name 'Be Real'/'Be Real Beverages' is identical/deceptively similar to the Plaintiff's REAL trademark so as to amount to infringement and passing off. +2 more

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Court's answer

Under the settlement (without admitting liability or wrongdoing), the Defendants agreed and undertook to forthwith discontinue any use of the trademark 'Be Real' and its logo and/or any identical/deceptively similar mark for goods falling under Classes 29, 30 and 32, and to withdraw trademark application No. 2939840 within 30 days from signing of the Agreement.

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Ratio / Principle

The Court perused the terms of the settlement, found them lawful, and decreed the suit in terms of the Settlement Agreement, which forms part of the decree and binds the parties thereto.

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Key takeaways

The Plaintiff is held entitled to refund of the entire court fees in accordance with the Court Fees Act, 1870.ratio¶25

Detailed headnote1 paragraphs

Civil suit (CS(COMM) 904/2024) by Dabur India Limited against Mohammed Ali Akber & Ors. seeking permanent injunction for infringement and passing off of its REAL trademark by the Defendants' use of 'Be Real'/'Be Real Beverages' in respect of zeera drink and related beverages. During pendency, parties were referred to the Delhi High Court Mediation and Conciliation Centre and executed a Settlement Agreement dated 26.02.2026, under which the Defendants, without admitting liability, undertook to discontinue use of the 'Be Real' mark and logo and any identical/deceptively similar mark for goods in Classes 29, 30 and 32, and to withdraw trademark application No. 2939840 within 30 days. Finding the settlement lawful, Jyoti Singh, J decreed the suit in terms of the Settlement Agreement (made part of the decree binding the parties), directed the Registry to draw up the decree sheet, disposed of the suit with the pending application, and held the Plaintiff entitled to refund of the entire court fees under the Court Fees Act, 1870.

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$~50

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 904/2024 & I.A. 42380/2024

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DABUR INDIA LIMITED .....Plaintiff

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Through: Ms. Akansha Singh and Ms. Shivani Senegar, Advocates.

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versus

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MOHAMMED ALI AKBER & ORS. .....Defendants Through: Mr. Rohit Anil Rathi and Mr. Yashas R.K., Advocates.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R

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% 24.04.2026

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This suit is instituted on behalf of the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendants and all others acting on their behalf from manufacturing, selling, offering for sale, exporting, advertising in any manner including on the internet/social media pages, directly or indirectly dealing in zeera drink or any other beverages and/or related/cognate or allied goods/services under the mark/trade name

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/Be Real/Be Real Beverages and/or any other trademark/trade name as may be identical/deceptively similar to Plaintiff’s REAL trademark, amounting to infringement and passing off, amongst other reliefs.

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During the pendency of the suit, parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they

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CS(COMM) 904/2024

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Page 1 of 2

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/04/2026 at 12:16:23

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have amicably settled their inter se disputes and executed a Settlement Agreement dated 26.02.2026, copy of which has been placed on record. As per the settlement, Defendants have without admitting any liability or wrongdoing and with a view to put an end to litigation agreed and undertaken to forthwith discontinue any use of the trademark ‘Be Real’ and

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its logo and/or any other trademark identical/deceptively similar

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to Plaintiff’s trademark REAL and/or logo for goods

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falling under Classes 29, 30 and 32 as also to withdraw the trademark application bearing No. 2939840 within 30 days from signing of the Agreement.

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Court has perused the terms of the settlement and finds the same to be lawful. Accordingly, the suit is decreed in terms of the Settlement Agreement, which shall form a part of the decree and bind the parties thereto.

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