Postscript: The Division Bench Clarifies The Scope Of ‘Informed Consumer’ Test

Introduction

Since the publication of an earlier article examining the evolving contours of the “average consumer test in an informed society” [Read here: https://ssrana.in/articles/the-average-consumer-test-in-an-informed-society/], the Division Bench of the Delhi High Court has now delivered its judgment in Mountain Valley Springs India Pvt. Ltd. Vs. Baby Forest Ayurveda Pvt. Ltd. FAO (OS) (COMM) 111/2024, decided on February 27, 2026. The decision provides important clarification on the relationship between modern consumer behavior and traditional trademark confusion tests.

The appeal arose from the order of the Single Judge refusing interim injunction against the use of the mark “BABY FOREST” by the Defendant for their baby care products, which was alleged by the Plaintiff to be deceptively similar to its trademark FOREST ESSENTIALS. The Ld. Single Judge had reasoned that in contemporary markets, particularly in the context of premium products, consumers are more informed and