Flipkart loses ‘MarQ’ trademark case in Delhi high court

MUMBAI: The Delhi high court has dismissed e-commerce firm Flipkart’s appeal claiming exclusive rights over “MarQ”, its private label for electronic appliances launched in 2017, in a trademark dispute with Delhi-based Marc Enterprises.

Justice Tejas Karia said the appeal stood dismissed. The ruling was pronounced on 10 April, while the written order was released later. Mint has seen a copy of the order.

During the hearing, counsel for Flipkart told the court that some inventory bearing the “MarQ” brand remains in the market and sought four weeks to clear the stock. Amit Amitabh Suman, representing Marc Enterprises, agreed to the timeline.

Flipkart has been directed to comply with the order by 15 May 2026. Emailed requests for comment sent to Flipkart by Mint on 10 April and again on 16 April remained unanswered at press time.

Senior advocate Swapna Sundar said, “The lesson here is for big brands are not to rely on the prominence of their house mark to escape with less distinctive marks. Whether the house mark is prominent or not, the in-house brand identity should be as carefully chosen as an independent brand.”

The dispute dates back to 2018, when Marc Enterprises approached a Delhi trial court seeking an injunction against Flipkart’s use of the “MarQ” trademark. The trial court restrained Flipkart, prompting the company to move the Delhi High Court.

In January 2018, Justice Najmi Waziri allowed Flipkart to sell its remaining “MarQ”-branded inventory until 30 January and advertise the products for its Republic Day sale, subject to maintaining accounts of such sales.

Flipkart had argued that “MarQ” is visually and structurally distinct from “MARC”. Marc Enterprises countered that it holds registered rights over the “MARC” trademark across multiple classes, while Flipkart’s “MarQ” was not registered at the time.

Flipkart launched MarQ in 2017 as a private label spanning televisions, air conditioners and washing machines, positioning it as a global electronics brand. Then chief executive Kalyan Krishnamurthy said the company aimed to offer “cutting edge technology and high quality products at very affordable prices”.

Marc Enterprises, established in 1984, sells electrical products in similar categories.

According to a Bloomberg report, the e-commerce company has already held informal talks with investors and an IPO could take place in early 2027.