Pstgems Private Limited vs Dharmesh Mohanbhai Kalsariya Trading ... on 6 April, 2026

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Delhi High Court - Orders

Pstgems Private Limited vs Dharmesh Mohanbhai Kalsariya Trading ... on 6 April, 2026

Bench: Jyoti Singh

                          $~52
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 357/2026
                                    PSTGEMS PRIVATE LIMITED                           .....Plaintiff
                                                  Through: Ms.       Swathi   Sukumar,        Senior
                                                  Advocate with Mr. Arpit Kalra, Mr. Rishabh
                                                  Gupta, Mr. Kashish Vij and Mr. Prashni Kathuria,
                                                  Advocates.

                                                                  versus

                                    DHARMESH MOHANBHAI KALSARIYA TRADING AS M/S
                                    POSITIVE MIND & ORS.             .....Defendants
                                                  Through:

                                    CORAM:
                                    HON'BLE MS. JUSTICE JYOTI SINGH
                                                                  ORDER

% 06.04.2026 I.A. 9142/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

I.A. 9141/2026 (for pre-institution mediation)

3. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.

4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from CS(COMM) 357/2026 Page 1 of 19 This is a digitally signed order.

5. Application is allowed and disposed of.

I.A. 9140/2026 (u/O XI Rule 1 (4) Commercial Courts Act, 2015 r/w Section 151 CPC)

6. This application is filed on behalf of the Plaintiff seeking leave to place on record additional documents.

7. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

8. Application is disposed of.

CS(COMM) 357/2026

9. Let plaint be registered as a suit.

10. Upon filing of process fee, issue summons to the Defendants through all permissible modes, returnable before the learned Joint Registrar on 13.05.2026.

11. Summons shall state that the written statements shall be filed by the Defendants within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff.

12. It will be open to the Plaintiff to file replications within 30 days from the date of receipt of written statements along with affidavits of admission/denial of documents filed by the Defendants.

13. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.

14. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

CS(COMM) 357/2026 Page 2 of 19

This is a digitally signed order.

15. This application is filed on behalf of the Plaintiff seeking ex parte ad interim injunction against the Defendants.

16. Issue notice to the Defendants through all permissible modes, returnable before Court on 20.07.2026.

17. Case of the Plaintiff as set out in the plaint is that Plaintiff is a Health Tech company, which provides online health consultancy services and offers for sale nutraceutical/pharmaceutical products for various health concerns. Plaintiff was founded in the year 2022 and within a year of its establishment, it has reached a valuation of approximately Rs. 100 crores. Currently, as of January, 2026, Plaintiff is valued at over USD 169.82 Million. Plaintiff is a well reputed and renowned name within Health Tech industry and being a consumer centric brand, it aims for 100% satisfaction of its customers through a variety of goods and services in the field of medicinal and Ayurvedic preparations under its registered house mark "POSITIVE GEMS, " and their formatives including LONG TIME.

18. It is stated that Plaintiff honestly and bona fidely coined and adopted the mark POSITIVE GEMS and registered the top-level domain name <positivegems.com>. In September, 2022, Plaintiff conceived the logo and has been using the word mark POSITIVE GEMS and device mark continuously and extensively for its products. Under the aegis of the house mark, Plaintiff introduced and has been manufacturing a new range of nutraceutical/pharmaceutical products to CS(COMM) 357/2026 Page 3 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 boost and nourish sexual health and wellness of its consumers. The mark POSITIVE GEMS is neither a dictionary word nor a generic term but is an original and unique creation of the Plaintiff and by virtue of extensive use and promotion, the trademarks POSITIVE GEMS/ have become uniquely and exclusively associated with the Plaintiff, leading to a formidable goodwill and reputation amongst the members of public. In order to protect its statutory rights in the prior adopted and prior used trademark POSITIVE GEMS, Plaintiff has filed several applications for registration under Classes 05 and 35 and the registrations are valid and subsisting. Details of registrations are as follows:-

19. It is stated that under its house mark POSITIVE GEMS/ , Plaintiff introduced a new range of nutraceutical/pharmaceutical products under various brands/formative marks including 'POSITIVE GEMS LONG TIME' and 'GET WET LUBRI', which boost and nourish sexual health and wellness of the consumers.

CS(COMM) 357/2026 Page 4 of 19

This is a digitally signed order.

CS(COMM) 357/2026 Page 5 of 19

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53

20. It is stated that Plaintiff is also a registered copyright holder of original artistic work subsisting in its exclusive logos (Diary No. 3360/2025-CO/A) and (Diary No. 3359/2025- CO/A) and the logos are being used by the Plaintiff since 22.09.2022. Plaintiff is also the registered copyright holder of original artistic work subsisting in its exclusive logos and trade dresses in and and is entitled to protect the copyright by virtue of provisions of the Copyright Act, 1957.

21. It is stated that Plaintiff has a top-level domain name registration for the domain name positivegems.com, which leads to a dedicated and CS(COMM) 357/2026 Page 6 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 interactive website www.positivegems.com, where its digital storefront is accessible to consumers and potential consumers not only in India but across the world. The said website serves as an official digital platform through which consumers and potential consumers can obtain detailed information about the Plaintiff, its brand POSITVE GEMS and its wide range of nutraceutical and pharmaceutical products marketed under the marks POSITIVE GEMS and formative variants thereof as well as purchase such products directly. POSITIVE GEMS branded products are also sold through the Mobile Application owned and operated by Plaintiff under the name POSITIVE GEMS which displays the house mark POSITIVE GEMS/ and products are delivered by Plaintiff through the said application to customers pan India and in other jurisdictions.

22. It is stated that Plaintiff's products under the trademarks/trade dress POSITIVE GEMS LONG TIME/ & POSITIVE GEMS GET WET LUBRI / are being sold through Plaintiff's official interactive website www.positivegems.com and are easily accessible to consumers not only in India, but all over the world. Screenshots of the official website of the Plaintiff displaying the product for sale are as follows:-

CS(COMM) 357/2026 Page 7 of 19

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53

23. It is stated that Plaintiff has spent substantial amount of money on promotion of its products in India, as a result of which sales and revenue figures of Plaintiff Company in India for the products sold run into crores of rupees. Details of the sales turnover and expenditure incurred by Plaintiff are as follows:-

CS(COMM) 357/2026 Page 8 of 19

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53

24. It is stated that Plaintiff has built considerable reputation and goodwill globally as well as in the Indian domestic market through strategic alliances and global partnerships across the world. Plaintiff ranks among the top 100 partners of Bigfoot Retail, a billion-dollar company distributing over two lakh brands within India itself. With exclusive brand outlets and several others in pipeline across major cities like Delhi, Mumbai and Kolkata, Plaintiff has established a strong retail presence as well and its direct customer interaction through physical stores and an active online platform draws approximately 1.3 crore users annually, which reflects the widespread consumer trust in Plaintiff's brands. Plaintiff, in order to promote its products, regularly collaborates with public personalities to connect with the general public and public personalities such as Ms. Sunny Leone and Mr. Prem Chopra and 200+ influencers have endorsed Plaintiff's brands and product range, thereby adding immense value to Plaintiff's brand equity within the Indian market.

25. It is stated that Plaintiff has also obtained several certifications to guarantee, ensure and maintain high product quality standard including Drug License, Ayush License, Import-Export License and FSSAI License and Plaintiff's products are also registered with the Ministry of Consumer CS(COMM) 357/2026 Page 9 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 Affairs, Food and Public Distribution. Plaintiff is also recognized by DUN & Bradstreet vide registration no. 738989691, which certifies Plaintiff's credibility to operate in international markets as a responsible and trustworthy entity.

26. It is stated that Plaintiff connects with its customers through social media networking websites such as Facebook and Instagram and has been featured/published in various articles and press releases, including but not limited to the Business Standard, Times of India, Economic Times, etc. Screenshot of the present number of followers on Plaintiff's social media pages as outlined in the plaint is as follows:-

27. It is stated that Plaintiff's dedication to quality is evident through its collaborations with top-tier product quality and testing laboratories and product bearing Plaintiff's name undergoes testing by approved laboratories with reputation for testing products for renowned brands such as Tata, Mankind, Reliance, Cipla, Pfizer, Dr. Reddy's and others. This commitment ensures rigorous third-party testing, benchmarking and multiple quality checks before products reach consumers. Furthermore, Plaintiff operates a 24x7 non-profit healthcare helpline staffed by professional's product experts, assisting over 10,000 individuals monthly, thereby reinforcing goodwill and public trust.

28. It is stated that sometime around first week of December, 2025, during routine check of Plaintiff's trademarks, Plaintiff came across a pending trademark application bearing no. 7313178 filed under class 10 in CS(COMM) 357/2026 Page 10 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 the name of Defendant No.1 for the mark "POSITIVE MIND". Upon further checking, Plaintiff found that Defendant No.1 is marketing and selling counterfeit products under the marks "POSITIVE MIND/ ", "LONG TIME / " & "Get Wet Lubricant"

through its website https://positivemind.in/. Further, Defendant No.1 is also marketing and selling its counterfeit product POSITIVE MIND LONG TIME SPRAY through third-party e-commerce website of Defendant No.2 i.e. https://www.meesho.com/, wherein the listing of the said product through URL https://www.meesho.com/long-time-spreyfor man/p/aq8pd8? ms=2&source=Meri+Shop, is active and available. Screenshots of Defendant no.1's website and listing of third-party e-commerce website of Defendant no.2 displaying fake/counterfeit POSITIVE MIND LONG TIME SPRAY products are as follows:-

Screenshots of Defendant No.1's website CS(COMM) 357/2026 Page 11 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 CS(COMM) 357/2026 Page 12 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 Screenshots of Defendant No.1's profile and listing on Defendant No.2's website

29. It is stated that in order to get counterfeit sprays for sexual wellness listed and sold on Defendant No.2's e-commerce platform, Defendant No.1 has fraudulently categorised its sexual wellness product as a "Pain Relief CS(COMM) 357/2026 Page 13 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 Ointment". Due to such fraudulent and mala fide activities like false categorisation and selling of counterfeit medical products, there is high likelihood of consumers getting duped of their hard earned money and harming their health.

30. It is stated that Plaintiff also came across an advertisement of Defendant No. 1's impugned product, listed on Facebook and from the given social media handle, Defendant No. 1 has been operating, advertising and promoting its products under the name "POSITIVE MIND LONG TIME SPRAY". Details of the advertisement along with respective Meta Ads Library ID are as follows:

31. It is stated that on December 02, 2025, Plaintiff also made a trap CS(COMM) 357/2026 Page 14 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 purchase by placing an order of the Counterfeit product i.e. " " on Defendant No. 1's website and made advance payment for the same through Defendant No. 6's payment gateway. However, despite following up several times with Defendant No.1 on WhatsApp at its contact no. 9726262712, regarding update on estimated date of delivery of the counterfeit product, till date Plaintiff has not received the said product. Such an instance of Defendant No.1 not delivering the product despite receiving the payment establishes that the said Defendant is duping customers and making unlawful monetary gains by showcasing its counterfeit products. Thereafter, Plaintiff made another attempt to purchase the infringing product through Defendant No. 1's infringing listing vide URL https://www.meesho.com/long-time-sprey-forman/p/aq8pd8?ms=2&source =Meri+Shop as available on Defendant No. 2's website https://www.meesho.com/. Plaintiff placed an order for the infringing product "Positive Mind Long Time Spray/ ", which was listed on Defendant No.2's website, however, despite placing an order and making payment for the said product, it was again not delivered to Plaintiff.

32. It is stated that despite being aware of Plaintiff's earlier trademarks CS(COMM) 357/2026 Page 15 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 and business, Defendant No.1 in order to obtain proprietary rights over Plaintiff's mark, dishonestly adopted and applied for a deceptively similar mark vide application no. 7313178 in class 10 dated October 30, 2025 on 'proposed to be used' basis with respect of medical instruments. It is therefore urged on behalf of the Plaintiff that interim injunction be granted in favour of the Plaintiff failing which irreparable harm shall be caused since Defendant No.1 is selling counterfeit products using identical/deceptively similar marks for identical goods and confusion amongst members of public is inevitable. If the sales are not injuncted, not only Plaintiff's reputation and goodwill will be damaged but irreparable harm shall be caused to public interest.

33. Having heard learned counsel for the Plaintiff and upon perusal of the documents, I am of the view that Plaintiff has made out a prima facie case for grant of ex parte ad interim injunction against the Defendants. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the interim injunction, as prayed for, is not granted.

34. Plaintiff is the registered proprietor of trademarks POSITIVE GEMS/ /LONG TIME and GET WET LUBRI and other formative marks. Defendant No.1 is selling identical/deceptively similar products which are nutraceutical/pharmaceutical in nature and the trade channels as also consumer base are common. There is thus every likelihood of confusion amongst members of the public and potential customers and CS(COMM) 357/2026 Page 16 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 looking at the nature of the products in question, if interim injunction is not granted, irreparable harm shall be caused to the Plaintiff. Prima facie Defendant No.1 is not only infringing the registered trademarks of the Plaintiff but is also guilty of passing off its goods by misrepresenting to the public that its goods have some association with the Plaintiff by use of identical/deceptively similar marks for identical goods. Resultantly, Defendant No.1 is not only damaging Plaintiff's formidable goodwill and reputation but also adversely impacting public interest by sale of counterfeit products.

35. Accordingly, the following directions are passed:-

(a) Defendant No. 1 and all others acting on his behalf are restrained till the next date of hearing from using the impugned marks "POSITIVE MIND/ ", "LONG TIME/ " & "GET WET LUBRICANT" and/or any other mark identical/deceptively similar to Plaintiff's registered trademarks "POSITIVE GEMS" , " ", "LONG TIME" & GET WET LUBRI", amounting to infringement and/or passing off ;

(b) Defendant No. 1 and all others acting on his behalf are restrained till the next date of hearing from using impugned label/trade dress, / / , which are deceptively similar CS(COMM) 357/2026 Page 17 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53 to Plaintiff's trade dress/logos and and/or any other trade dress/label identical/deceptively similar to Plaintiff's trade dresses, amounting to infringement of copyright;

(c) Defendant No.2 is directed to delete the seller's profile of Defendant No. 1 and remove the listing https://www.meesho.com/long-time- sprey-for man/p/aq8pd8?ms=2&source=Meri+Shop which is unauthorizedly selling counterfeit POSITIVE MIND LONG TIME products, within 36 hours from the date of receipt of this order;

(d) Defendant No. 4 is directed to suspend, block and disable the Facebook page of Defendant No. 1 and remove/take down the advertisement of impugned product posted by Defendant No.1 on Facebook vide Meta Ads Library 1195576392510849, within 36 hours from the date of receipt of this order;

(e) Defendant No. 5 is directed to take down the online store/website under domain <https://positivemind.in/>/<xvcu0y-bt.myshopify.com> and block any user account associated with the said domain, within 36 hours from the date of receipt of this order. Defendant No.5 shall disclose complete user details including KYC details, bank account details and transaction data in a sealed cover/password protected document, within three weeks from today; and

(f) Defendant No.7 shall disclose KYC details of Defendant No.1 pertaining to mobile number +91 9726262712 in a sealed CS(COMM) 357/2026 Page 18 of 19 This is a digitally signed order.

36. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from today.

JYOTI SINGH, J APRIL 6, 2026/YA CS(COMM) 357/2026 Page 19 of 19 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2026 at 20:41:53

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Delhi High Court - Orders