The Delhi High Court has restrained the alleged infringement of the “Stand Up” trademark used for sexual wellness capsules manufactured by PSTGems Private Limited.

The bench of Justice Tushar Rao Gedela passed an interim order on April 30 after finding that Brahmastra Pharmacy was prima facie infringing the plaintiff’s registered trademark and trade dress.

The Court observed that the defendants were using the mark “STAND UP” along with a stylised logo featuring two hearts, which bore a close resemblance to the branding adopted by PSTGems and was likely to cause confusion among consumers.

“At this stage, this Court is of the considered opinion that the label of the defendants containing the mark ‘STAND UP’ with the two hearts in that stylized manner cannot be permitted to be continued,” the Court stated.

The High Court further noted that the continued use of the impugned mark and packaging could mislead consumers into believing that the defendants’ products were linked to or originated from PSTGems.

Accordingly, the Court restrained Brahmastra Pharmacy from using the disputed trademark and trade dress until the next date of hearing.