SC asks Flipkart to sell MarQ pdt inventory in 8 wks, bars co from using name
This story was originally published at 13:46 IST on 15 May 2026
Register to read our real-time news.Informist, Friday, May 15, 2026
NEW DELHI – The Supreme Court Friday upheld a Delhi High Court order that restrained Flipkart India Pvt. Ltd. from selling, manufacturing or using "MarQ" name on its products such as television, air conditioners, washing machines and microwave ovens as the mark was similar to Marc Enterprises Pvt. Ltd.'s "Marc" trademark. However, the apex court gave eight weeks to Flipkart to dispose of the remaining stock with "MarQ" name.
Flipkart had argued that it had honestly adopted the "MarQ" name and represented them in a unique and distinctive manner in the month of July 2017. "MarQ" signifies quality products which are made available to Indian consumers at affordable prices, said Flipkart. To effectively represent its brand philosophy "mark of quality", the company conceived the marks, wherein the first three alphabets of the term "mark" have been combined with "Q" which signifies quality, said Flipkart.
Since the date of launch of its brand, the company has been continuously selling microwave ovens, televisions, washing machines under "MarQ" through its website, said Flipkart. It had sold 8,542 units of about gross merchandise value of INR 69.10 million under the "MarQ" name until 2018, said Flipkart. It sells around hundred units of inventory under the "MarQ" name every day, it added.
Marc Enterprises said that both the marks were identical and deceptively similar not only through eye and ear but also in idea. The products involved of the parties are identical and the same are sold through common trade channels, said Marc Enterprises. The class of customers and purchasers involved is also the same, it added.
Marc Enterprises said that it was the prior adopter and continuous user of the "Marc" name since 1981. Flipkart is an dishonest adopter, fraudulent user of the given trademark, said Marc Enterprises.
Last month, the high court held that "Marc" and "MarQ" were phonetically as well as visually similar. Even though Flipkart's goods were sold exclusively through its electronic commerce platform, phonetic similarity between the two competing marks will still hold relevance, said the court. Challenging the high court's order, Flipkart moved the apex court. End
Reported by Surya Tripathi
Edited by Akul Nishant Akhoury
For users of real-time market data terminals, Informist news is available exclusively on the NSE Cogencis WorkStation.
Cogencis news is now Informist news. This follows the acquisition of Cogencis Information Services Ltd. by NSE Data & Analytics Ltd., a 100% subsidiary of the National Stock Exchange of India Ltd. As a part of the transaction, the news department of Cogencis has been sold to Informist Media Pvt. Ltd.
Informist Media Tel +91 (11) 4220-1000
Send comments to feedback@informistmedia.com
© Informist Media Pvt. Ltd. 2026. All rights reserved.
To read more please subscribe
Share this Story:
