Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack
The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme...
The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'.
A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme and layout of the 'Online Bidi' packaging, creating a strong likelihood of confusion among ordinary buyers. Dismissing Rocket Bidi Works' appeal, the court confirmed the trial court's order August 12 order granting protection to Mobile Bidi Traders' registered trademark and copyright.
Mobile Bidi Traders claimed that it has been manufacturing and selling handmade bidis since 2005. It registered its 'Online Bidi' trademark in January 2020 and obtained copyright registration for its distinctive blue packaging popularly known as the “Asmani Puda” in June 2024.
It argued that its bidis are widely purchased by daily wage earners and rural consumers, who often identify products by their colour and design rather than by name. It alleged that Rocket Bidi Works, based in Nagpur, had begun selling 'ATM Bidi No.07' in nearly identical blue packets, using similar graphics to mislead customers.
The High Court agreed with the trial court's finding that the two bidi packets shared “striking similarities.” Both featured a blue conical design, statutory health warnings, and brand names displayed in a similar style
“A perusal of the bundles of the plaintiff and the defendant indicate broad similarities arising from the use of blue colour highlight. It needs to be reiterated that the end consumer of the product is generally not a very literate individual. The controversy needs to be appreciated applying arm chair rule. Moreover, discretion exercised by the trial Court cannot be substituted by that of this Court.”, the court said.
The Court ruled that Rocket Bidi Works' use of the blue colour scheme and packaging was likely to cause confusion in the market.
Holding that Rocket Bidi Works' packaging was likely to cause confusion in the marketplace, the High Court upheld the injunction in favour of Mobile Bidi Traders. The order restrains Rocket Bidi Works from producing or selling bidis using the disputed 'ATM Bidi' packaging.
Case Title: Ifra Sheikh v. M/s Mobile Bidi Traders
Case Number: AO 19/2025
For the Appellant: Advocate S Zia Quazi
For the Respondent: Senior Advocate D V Chauhan assisted by Advocate A D Chaudhari