Delhi High Court Restrains Rogue Websites Using GATI Mark for Packers, Movers Services

Justice Jyoti Singh of the Delhi High Court has issued an ex parte ad-interim injunction against 36 rogue website operators and an unidentified John Doe defendant, barring them from offering packing, shifting, and relocation services under marks incorporating the well-known "GATI" trademark. The court also directed domain registrars including GoDaddy to lock and suspend the offending domains within 36 hours.

A Legacy Mark Under Siege

The dispute traces back to 1989, when Allcargo Logistics Limited's predecessors adopted the "GATI" mark — a Sanskrit-derived word meaning "speed with direction" — for India's first express distribution service. Over three decades, the mark grew into a logistics powerhouse, with the company pioneering door-to-door delivery, cash-on-delivery, and India's first exclusive cargo trains in association with Indian Railways.

The corporate story behind the mark is equally significant. In 2020, Allcargo acquired a stake in Gati Limited and became its promoter and largest shareholder. Three years later, it purchased the remaining 30% held by Japanese logistics giant Kintetsu World Express, renaming the entity Allcargo Gati Limited. Following a National Company Law Tribunal order on October 10, 2025, Allcargo Gati Limited and its sister concern were amalgamated into Allcargo Logistics Limited.

The mark's stature is formally recognised — it appears at Serial No. 36 of the Trade Marks Registry's list of well-known marks, published in Journal No. 2144 on February 19, 2024. Allcargo's consolidated revenues between 2020-21 and 2024-25 reflect the scale of this goodwill, backed by a network of 750+ operating units and over 9,000 employees spanning 735 districts.

A Digital Web of Deception

According to the plaint, Defendants No. 1 to 36 have been marketing and providing packing, shifting, and relocation services — services similar and allied to Allcargo's own offerings — through impugned marks like "GATI Packers & Movers," "GATI Cargo Movers," and "GATI Express." The court recorded that these defendants "subsumed the GATI mark in their domain names and some have replicated the layout and look and feel of Plaintiff's website."

The rogue websites, the court noted, "conceal their true identities and contact details and deliberately operate behind a veil of anonymity." WHOIS registrant details were masked, leaving the actual operators undisclosed — a tactic the court viewed with considerable concern.

The Court's Reasoning: Prima Facie Infringement Established

Granting the interim injunction, Justice Singh found that Allcargo had established a prima facie case. The balance of convenience favoured the plaintiff, and irreparable harm was likely absent interim protection.

The court emphasised the mark's well-known status: "The distinctiveness of the mark GATI and its extensive use along with formative marks and popularity as also exclusive association with the Plaintiff is evident from the fact that GATI mark is included in the list of well-known marks within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999 and is thus entitled to high degree of protection."

Key Observations

In her order, Justice Singh made several pointed observations:

"Defendants have incorporated and subsumed the mark GATI in entirety in the impugned marks, which prima facie reflects dishonest intention to take advantage of Plaintiff's goodwill."

"The rival marks and services being similar there is every likelihood of confusion in members of public and trade."

"Sale through rogue websites with actual identities of counterfeiters and infringers being masked is a menace, which is ever increasing and needs to be curbed."

What the Order Requires

The interim injunction operates on two fronts. First, Defendants No. 1 to 36 and Defendant No. 37 (John Doe), along with all those acting on their behalf, are restrained from marketing, advertising, or offering the impugned services using the specified GATI marks or any other deceptively similar variant — whether through trademark infringement or passing off.

Second, Defendants No. 38 to 48 — the domain registrars and intermediaries, including GoDaddy — have been directed to lock and suspend the domains listed in Annexure-A of the order within 36 hours of receiving a copy.

The court also granted Allcargo exemptions from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, citing the Supreme Court's ruling in Yamini Manohar v. T.K.D. Keerthi (2024) and the Delhi High Court Division Bench's decision in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. (2022), given the urgent relief sought.

Procedural Directions and Next Steps

Summons have been issued to the remaining defendants, returnable before the Joint Registrar on September 2, 2026, with written statements due within 30 days of receipt. The injunction application's next hearing is scheduled for December 10, 2026. Allcargo has been directed to comply with Order XXXIX Rule 3 of the CPC within two weeks, ensuring notice of the ex parte order is served on affected parties.

The order underscores a growing judicial willingness to act decisively against anonymous online counterfeiting operations, treating well-known marks as deserving heightened protection against digital impersonation.