Shiv Textiles Wins Supreme Court Trademark Relief

Supreme Court of India (Civil Appellate Jurisdiction)

29 September 2026

Parties: M/s Shiv Textiles (sole proprietorship, proprietrix Varshaben Kantilal Talreja) as appellant; Iconic IP Interests, LLC (Delaware-incorporated) as respondent.
Trademark details: Shiv Textiles registered Trademark No. 4075126 for “Jolly Ranger Legwear” (Class‑25, “Jeans Pants”) on 27‑07‑2019, claiming use from 01‑01‑2019. Iconic IP Interests has used “Jolly Rancher” globally since 2004 (candy use since 1996) and applied for registration in Class‑25 on 07‑06‑2023, which was registered on 09‑10‑2023.
Procedural history: Respondent issued cease‑and‑desist notices dated 28‑04‑2023, 09‑06‑2023 and 17‑08‑2023. Shiv Textiles filed Commercial Trade Mark Suit No. 1/2023 in the Commercial Court, Bhavnagar, seeking a declaration and permanent injunction. Respondent’s application under Order VII Rule 11 of the CPC was rejected on 22‑11‑2024. Respondent then filed Special Civil Application No. 1543/2025 under Article 227 before the Gujarat High Court; the Division Bench on 09‑05‑2025 dismissed the plaint, holding there was no cause of action. Respondent also filed Civil Suit (Commercial) No. 870/2023 in the Delhi High Court against the proprietrix for similar relief.
Key issue: Whether the cease‑and‑desist notices and the respondent’s own suit created a cause of action for Shiv Textiles to maintain its trademark suit.

The Supreme Court allowed the appeal, set aside the Gujarat High Court judgment dated 09‑05‑2025, and restored Commercial Trade Mark Suit No. 1/2023 to the file of the Commercial Court, Bhavnagar. Proceedings shall resume in accordance with law. All pending applications, if any, are disposed of.

Trademark Dispute, Intellectual Property Litigation