The Supreme Court of India has stayed an order by the Bombay High Court regarding a trademark dispute involving Kirloskar Brothers. The order, dated October 17, 2025, effectively suspends restrictions on Kirloskar Brothers’ ability to license its trademark to other companies within the Kirloskar Group. The case is scheduled for further hearing on November 4, 2025.
Supreme Court Intervention
The Supreme Court of India issued an order on October 17, 2025, staying the effect and operation of a previous order by the Bombay High Court dated October 10, 2025. The dispute revolves around trademark licensing within the Kirloskar Group.
Background of the Dispute
The initial suit, filed by Kirloskar Proprietary Limited, sought a temporary injunction to restrain Kirloskar Brothers from creating any third-party interest related to the trademarks covered under specific agreements. This included granting licenses or user rights. The trial court initially accepted this prayer, but the High Court later stayed that order on July 25, 2025, allowing licensing to member companies under certain restrictions. A subsequent correction on October 10, 2025, further restricted even licensing to group companies.
Supreme Court’s Reasoning
The Supreme Court found the July 25, 2025 order, as modified on October 10, 2025, inconsistent. The court noted the existence of a non-exclusive license and the lack of dispute over Kirloskar Brothers’ ownership of the trademark. The court questioned the propriety of restricting licensing, especially given the pending appeal. The court also stated that the October 10, 2025, order expanding the scope of the restraint, should not have been passed while an appeal was pending.
Next Steps
The Supreme Court has issued a notice with a return date of November 4, 2025, for further hearing on the matter. In the interim, the parties are allowed to exchange affidavits and written submissions. The interim stay on the October 10, 2025, order remains in effect.
Source: BSE
