The Delhi High Court has temporarily restrained the sale, distribution and promotion of beer sold under the mark THUNDER 15000 in India, following a trademark infringement suit filed by InBrew Beverages Private Limited over its registered THUNDERBOLT trademark. Justice Jyoti Singh passed the interim order after finding that InBrew had established a prima facie case for an ex parte ad interim injunction and that the balance of convenience favoured the company.
The court’s interim restraint applies to the Bhutan-based manufacturer of the alcoholic beverage marketed under THUNDER 15000 and the entity importing, selling and distributing the product in Jharkhand. The order will remain in force until the next hearing, scheduled for December 21, 2026.
InBrew told the court that it is an alcoholic beverages company with a portfolio of more than 43 spirits brands, including Thunderbolt, Vin Green Label and White Mischief. According to the company, the THUNDERBOLT trademark was originally adopted by Mount Shivalik Breweries Limited in 1984, with the rights subsequently acquired by Molson Coors India Private Limited and later transferred to InBrew. InBrew is currently the registered proprietor of THUNDERBOLT for beer, with its earliest registration dating back to 1984.
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The trademark dispute arose after InBrew discovered in May 2026 that beer bearing the THUNDER 15000 mark was being imported and sold in Jharkhand. The company claimed that the product had been promoted under the mark since December 2025. The Bhutan-based manufacturer produces and markets alcoholic beverages in Bhutan, while another entity is responsible for importing, selling and distributing the THUNDER 15000 beer in Jharkhand.
The court noted that the Jharkhand-based entity had obtained an excise licence from the Department of Excise & Prohibition, Jharkhand. The Bhutan manufacturer had also secured a Brand Registration Certificate for THUNDER 15000 from Bhutan’s Ministry of Finance, Department of Revenue and Customs on April 7, 2026. However, neither party had applied for registration of the THUNDER 15000 trademark in India.
InBrew argued that THUNDER 15000 was deceptively similar to its THUNDERBOLT trademark because it adopted the word “THUNDER” in its entirety and replaced “BOLT” with the numeral “15000”. The company also highlighted the similarity of the products, trade channels and target consumers, arguing that the competing mark could create confusion and lead consumers to believe that the products were associated with InBrew or its Thunderbolt brand.
The Delhi High Court observed that “THUNDER” was the prominent and dominant part of the THUNDERBOLT trademark and held that merely adding the numeral “15000” was not sufficient to distinguish the competing mark. Since both marks were being used for similar alcoholic beverages and were operating through common trade channels and consumer segments, the court found a likelihood of confusion among consumers.
The court further observed, at the prima facie stage, that the adoption of the competing mark appeared intended to come close to InBrew’s registered trademark and potentially take advantage of the goodwill and reputation associated with THUNDERBOLT. InBrew had also raised concerns regarding the quality and manufacturing standards of the competing alcoholic beverages, arguing that any quality issues could adversely affect the reputation of its established brand and mislead consumers about the source of the products.
The court found a prima facie case of trademark infringement and passing off against the defendants. Until the next hearing, the entity importing and selling THUNDER 15000 beer in Jharkhand and persons acting on its behalf have been restrained from manufacturing, selling, advertising, promoting, distributing, importing, exporting or otherwise dealing in alcoholic beverages under the THUNDER 15000 mark or any mark identical or deceptively similar to THUNDERBOLT.
The Bhutan-based manufacturer has separately been restrained from exporting the disputed THUNDER 15000 products to India or importing them from India under the said mark. The Delhi High Court clarified that the restrictions are interim in nature and will continue until the next hearing on December 21, 2026, when the matter is expected to be considered further.
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