'Diwali Cleaning' Is No Excuse: Delhi High Court Refuses Late Evidence in BROWN SUGAR Trademark Suit
Photo: anncapictures / Pixabay
In trademark disputes, evidence of early use often decides who wins. A decision of the Delhi High Court in M/s Cafe Brown Sugar Pvt Ltd v. Vyom Foodcraft Pvt Ltd (2026:DHC:9604), reported on 30 October 2026, shows how strictly that evidence must be filed on time in Indian commercial suits.
The case
The plaintiff sued in November 2024 for trademark and copyright infringement and passing off over its "BROWN SUGAR" family of marks. It claims use since 2000. The defendants claim use from 2010. Prior use is therefore at the centre of the case.
The plaintiff asked to add sales invoices, purchase bills, promotional material and tax deduction certificates dated between 2003 and 2011. It said the documents had been found in old cartons during a Diwali cleaning in 2025, and explained that its business had changed management after the death of a former director.
The rule
Order XI Rule 1(5) of the Code of Civil Procedure, as it applies to commercial suits, requires a plaintiff to file all documents in its power, possession, control or custody with the plaint. Documents not disclosed then can be relied on later only with the court's leave and on reasonable cause.
The decision
Justice Purushaindra Kumar Kaurav dismissed the application. The court held that the documents had been in the plaintiff's own custody when the suit was filed, so they were not "subsequently discovered". In the court's words, a party "cannot, by deferring the search of its own records to a time of its convenience, convert documents which were always in its custody into subsequently discovered documents."
Several facts weighed against the plaintiff. It had already filed the first page of its 2004-05 sales account and a 2008 invoice with the plaint, and the court found it illogical that the rest of the same account stayed hidden. The application did not say when the cleaning happened, who found the documents or where. A change in management was an internal matter. The court called the explanation "not only untrue but also extremely illogical", and the documents will not form part of the record.
Why it matters
For brand owners litigating in India, the lesson is to collect evidence of first use before filing, not after. Old invoices, advertisements and accounts are often the strongest proof of prior use, and a court may refuse them if they arrive late without a convincing explanation. The ruling is procedural and says nothing on who owns the BROWN SUGAR marks; the suit continues.
Sources
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