To establish trademark infringement, the plaint must demonstrate use 'in the course of trade'; mere display of a mark without commercial activity does not satisfy this requirement.

C. HARI SHANKAR, J.

The lis

1. These appeals arise from similar orders passed by the learned District Judge (Commercial Court)-02, New Delhi District, Patiala House Courts, “Commercial Court”, hereinafter, whereby the plaints in the suits, instituted by the appellant against the respondents, stand rejected by the learned Commercial Court under Order VII Rule 11(a)² of the Code of Civil

2 11. Rejection of plaint.—The plaint shall be rejected in the following cases:

(a) where it does not disclose a cause of action;

Procedure, 1908, “CPC” hereinafter, on the ground that the plaints failed to disclose any cause of action.

2. Aggrieved thereby, the plaintiff in the suits has approached this Court by means of the present appeals.

3. As the factual differences between the appeals are only cosmetic, we would be adverting to the facts as they exist in RFA (Comm) 196/2025, which arises out of CS (Comm) 294/2022⁴ The facts

4. We may straightaway reproduce the following passages from the plaint in CS (Comm) 294/2022, which set out the appellant’s case:

“5. That the plaintiff uses "WESTEND GREENS" as a key and essential part of its Name. The plaintiff adopted the mark "WESTEND GREENS" as a part of its name and for its services in the year 1993 and has been conducting its activities using the name and trade mark "WESTEND GREENS" since then. Being registered proprietor of the trade Mark "WESTEND GREENS", the plaintiff enjoys exclusive right to use the aforesaid trade mark. On account of continuous and extensive use of the trade mark "WESTEND GREENS" by the plaintiff over a long period of time, the said trade mark enjoys an unparalleled reputation and goodwill. The trade mark "WESTEND GREENS" has come to be exclusively identified and associated with the services offered by the plaintiff. Any third party adopting the name and registered mark "WESTEND GREENS" or any other deceptively similar name and trade mark without the consent or the license of the plaintiff amounts to an infringement and passing off of the trade mark of the plaintiff.

*****

9. That apart from its common law rights, the plaintiff is also 4 Westend Greens Farms Society v. Vicky Kakkar & Anr the registered proprietor of the mark ’WESTEND GREENS’ in Class — 45 (for rendering services for welfare and protection of its members and to meet the needs of its members) as word mark as well as device. Details of the said registrations are set out below:

The above mentioned registrations are valid, subsisting and in full legal force. Any third party adopting the name and registered trade mark ’WESTEND GREENS’ or any other deceptively similar name and trade mark without the consent or the license of the plaintiff would amount to an infringement of the registered trade mark of the plaintiff.

On 22.03.2022 Legal Proceedings Certificates (LRCs) have been applied for the said Trade Marks bearing application bearing No.4844653, 4844654 & 4915688, which are likely to be received in next 30 days and the plaintiff undertakes to file them as and when received. The plaintiff has filed copies of the said trade mark journals alongwith latest status reports from the website of Trade Mark Registry. There are no disclaimers imposed on the said Trade Marks bearing No.4844653, 4844654 & 4915688 and are valid upto 02/02/2031, 02/02/2031 & 22/03/2031 respectively and the plaintiff has not granted any licences or assignment in respect of said Trade Marks.

10. That the defendant No.2 - Amaltas Avenue Resident’s Welfare Society is a separate Society registered under the Societies Registration Act, 1860 (having registration No. S-53405 of 2005) and having its office at Samaikha, New Delhi -110037. The defendant No.2 consis