Key Takeaways
- Supreme Court stays Bombay High Court’s modified order restricting Kirloskar trademark licensing
- Court questions expansion of restraint while appeal is pending
- Trademark dispute involves Kirloskar Proprietary Ltd and Kirloskar Brothers Ltd
- KPL has been custodian of the Kirloskar brand since 1965
The Supreme Court has granted relief to Kirloskar Proprietary Ltd (KPL), staying a Bombay High Court order that had restrained the company from licensing the ‘Kirloskar’ trademark to other group companies.
In an order made public on Saturday, a division bench of Justices Manoj Misra and Ujjal Bhuyan expressed prima facie concerns about the High Court’s modified order from October 10, 2025. The bench noted the order expanded restraint while the appeal was pending and without discussing full facts about earlier trademark licensing within group companies.
Historical Background of Kirloskar Trademark
The ‘Kirloskar’ trademark has been used by multiple group companies since the 1920s. In 1965, the founding family established KPL as the sole custodian to maintain brand integrity across all Kirloskar entities.
Legal Battle Timeline
The dispute began when Sanjay Kirloskar of Kirloskar Brothers Ltd (KBL) sought an injunction against KPL’s trademark licensing. However, the Bombay High Court’s July 2025 ruling declined to restrain KPL, noting the 50-year existing arrangement was justified.
“There is no justification at the interim stage to restrain Kirloskar Proprietary from creating licensing rights in respect of the Kirloskar mark in accordance with its Articles of Association, this being the existing arrangement for the last 50 years.”
“Even as per Kirloskar Brothers’ own case, the use of Kirloskar marks was never intended to be, nor it is exclusive to one company.”
Recent Developments
The High Court modified its order on October 10, 2025, barring KPL from granting trademark rights to group companies in similar sectors after KBL filed for revision.
Between 2015-2018, KPL revised user agreements and requested group companies to sign new trademark pacts. KBL refused and filed a civil suit in Pune.
In June 2024, KBL applied for registered user status while allegedly violating agreements, leading KPL to issue a breach notice. On January 9, the Pune court granted KBL interim protection against new licenses, which KPL appealed successfully at the High Court.
The Supreme Court’s intervention now puts the case on hold pending further hearings.
