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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Broad Peak Investment Holdings Ltd. – Appellant
Versus
Broad Peak Capital Advisors Llp – Respondent
JUDGMENT :
AMIT BANSAL, J.
I.A. 11282/2024 (Under Order XXXIX Rules 1 & 2 CPC)
1. By way of the present judgment, I shall decide the captioned application filed on behalf of the plaintiffs under Order 39 Rule 1 and 2 of the Civil Procedural Code, 1908 (CPC).
2. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks of the plaintiffs and passing off their business as that of the plaintiffs and other ancillary reliefs.
3. Summons in the suit and notice in the application were issued on 31st May, 2024.
4. Reply to the interim application was filed on behalf of the defendants on 27th July, 2024 and the rejoinder thereto has also been filed by the plaintiffs on 20th August, 2024. However, no ad interim injunction order was passed in favour of the plaintiffs.
5. Thereafter the matter was listed on various dates and pleadings have been completed in the suit. The application was heard on 21st October, 2024, 6th November, 2024, 26th November, 2024 and 11th November, 2024, when the judgment was reserved.
CASE SET UP IN THE PLAINT
6. Briefly stated, the case set up in the plaint is as follows.
7. The plaintiff no.1 is a company i
Plaintiffs failed to prove prior use and goodwill for 'BROAD PEAK' in India, thus no basis for trademark infringement or passing off against defendants who adopted the mark bona fide.
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
The central legal point established in the judgment is the significance of prior use and the principles of honest adoption, delay, and acquiescence in trademark disputes.
The importance of establishing continuous use of a trademark and the significance of goodwill and reputation in determining passing off and infringement.
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
The court ruled that despite the plaintiff's prior usage claim, the distinct markets of the parties and lack of confusion led to the dismissal of the injunction request.
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