Back
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
| Table of Content |
|---|
| 1. appeal against denial of injunction. (Para 1) |
| 2. request for expedited decision. (Para 2 , 3) |
| 3. decision based on merits sought. (Para 4 , 6 , 10) |
| 4. principles of appeal in ip cases. (Para 7) |
| 5. registered trademark ownership. (Para 11) |
| 6. no similarity found by the court. (Para 12) |
| 7. elements of passing off explained. (Para 15) |
| 8. copyright infringement addressed. (Para 16) |
| 9. no basis for injunction or seizure. (Para 17 , 18) |
| 10. final dismissal of appeal. (Para 20 , 21 , 22) |
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
The court upheld that lack of deceptive similarity precludes claims of trademark infringement and passing off, necessitating proof of goodwill and likelihood of confusion.
if there is no infirmity found in the order of the Trial Court, injunction against encashment of bank guarantee and letter of credit should not be granted except where fraud or irretrievable damage i....
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 court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
