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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Sanjay Gupta And Vinay Gupta – Appellant
Versus
Vineet Jain, Proprietor Of Vijaypal Vineet Kumar – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. This appeal assails order dated 16 January 2026 passed by the learned District Judge (Commercial Courts-06), “learned Commercial Court” hereinafter, Tis Hazari Courts, Delhi in CS (Comm) 48/2026, “the suit” hereinafter, issued summons in the suit and notice in the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, “CPC” hereinafter filed by the appellant, returnable on 27 February 2026, i.e. 16 days from now. The appellant (the plaintiff in the suit) is aggrieved by the rejection, by the learned Commercial Court, of the appellant’s prayer for ex parte ad interim injunction and appointment of a local commissioner to seize the allegedly infringing goods from the premises of the respondent-defendant.
2. In these circumstances, we suggested, to Mr. Gogia who appears on behalf of the appellant that it would be more expedient if we were to direct the learned Commercial Court to decide the Order XXXIX application on 27 February 2026.
3. We pointed out to Mr. Gogia that, else, observations which we may have to enter, if the appeal were to be argued exhaustively at an ad interim stage, may, if we were not in agreement with his sub
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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 main legal point established in the judgment is that the adoption of a similar trade dress, including color scheme, with a dishonest intention to infringe a well-known trademark and pass off good....
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....
Copyright - Court, with the eyes of the hypothetical purchaser, and having regard to the rules governing comparison of marks, finds that there is even a likelihood of deception, the test of deceptive....
Suppression of contradictory statements to trademark registry asserting marks dissimilar disentitles interim injunction in passing off and copyright suit; clean hands and prosecution history estoppel....
Trademark infringement and passing off claims are assessed based on overall consumer confusion and not merely by direct comparison of marks.
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