Delhi High Court restrains trademark infringement of Stand Up sexual wellness capsules

The Delhi High Court recently passed an interim order restraining the infringement of the ‘Stand Up’ trademark used by health-tech firm PSTGems for its sexual wellness capsules..Justice Tushar Rao Gedela passed the order on April 30 after noting that a company named Brahmastra Pharmacy was flagrantly infringing the registered trademarks.“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. It appears that permitting further usage of the said mark would create confusion in the mind of general public as to the product purchased of the defendant is that of the plaintiff or associated with it,” the Court ordered..The order was passed after PSTGems, which claims to be India’s largest love brand, approached the High Court alleging trademark and copyright infringement by Brahmastra Pharmacy.PSTGems stated that in 2024, it developed a brand called ‘Brampium’ with a logo showing two hearts, to sell a range of sexual health and wellness pharmaceutical products. Under this range, the firm launched several products, such as ‘Stand Up’, ‘Last and Blast’ and ‘Lady Desire’.In 2025, the company came to know of the alleged infringement from Brahmastra Pharmacy’s website. It stated that Brahmastra Pharmacy was selling the infringing product through its outlet, official website and e-commerce platform Amazon.Further, PSTGems alleged that it received enquiries from its “long-standing” customers asking if Brahmastra Pharmacy was associated with it. It then approached the Court seeking protection of the registered trademark 'Stand Up’ and copyright in its artistic work.However, Brahmastra Pharmacy stated that its product is an ayurvedic medicine, not a sexual health product like the one sold by PSTGems. It was contended that the 'Stand Up' is a common and generic word which has no distinctiveness and hence, PSTGems cannot assert any right over these words. .After examining the trademark of two products, the Court observed that Brahmastra Pharmacy placed the identical name in the centre with identical font, style and colour. The Court also noted that the packaging features of the infringing product seemed “almost identical”.Additionally, the Court observed that the infringing product had the identical table of parameters, namely ‘health’, ‘desire’ and ‘vitality’, as on the product sold by PSTGems. .Therefore, the Bench restrained Brahmastra Pharmacy from selling and using the mark ‘Stand Up’. It also directed the removal of the infringing product listings from online platforms..Advocates Arpit Kalra, Anukriti Banerjee, Vikrant Rana, Lucy Rana and Bindra Rana appeared for PSTGems.Advocate NS Rao appeared for Brahmastra Pharmacy..[Read Order]