The Bombay High Court has granted an interim injunction against a beverage company for using the trademark “JHAMPA,” which it found deceptively similar to the well-known “CAMPA” brand owned by Reliance Retail Ltd., a subsidiary of Reliance Industries. The court has restrained the defendant, Md. Sirajuddin and Beauty Bibi, from using the disputed mark until the outcome of the ongoing trademark infringement suit.

Justice Riyaz Chagla observed that Reliance had established a prima facie case of trademark infringement. He noted that “JHAMPA” is visually, phonetically, and structurally similar to the “CAMPA” trademark, which is registered and used for the same category of non-alcoholic beverages. The court also found substantial similarities in the artistic works and packaging of both brands, raising concerns over potential consumer confusion.

Reliance acquired the “Campa” cola brand, originally introduced in India in 1977, from Campa Beverages Private Limited in 2022. The defendant, also a beverage company, adopted the “Jhampa” mark for its non-alcoholic drinks, which led Reliance to file a lawsuit citing trademark and copyright infringement.

Reliance argued that the defendant’s use of “Jhampa” was a deliberate attempt to capitalize on the goodwill of the Campa brand, pointing out the similarity in logos, color schemes, and product packaging. 

The defendant countered that “Jhampa” was simply the name of a village and not intended to mislead consumers. However, the court dismissed this defense, especially since the defendant applied for trademark registration of “Jhampa” only after receiving a cease-and-desist notice from Reliance.

The court has prohibited the defendant from using any trademarks or artistic elements similar to “Campa,” including in advertising, marketing, and on social media. Justice Chagla noted that the balance of convenience favored Reliance, stating that failure to grant the injunction could cause the company irreparable harm.

The HC has asked the defendant to file its reply by November 18 and kept the matter for hearing on November 27.