$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1113/2025 ALLCARGO LOGISTICS LIMITED .....Plaintiff Through: Ms. Swathi Sukumar, Senior Advocate with Mr. Himanshu Deora, Ms. Rishika Aggarwal, Mr. Sanat Saswadkar, Mr. Ritik Raghuwanshi, Ms. S. Murthy & Ms. Pratibha Singh, Advocates.

Versus VRS ALL CARGO PACKERS AND MOVERS PRIVATE LIMITED & ANR. .....Defendants Through: None.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 01.12.2025 I.A. 25891/2025

1. Vide order dated 16.10.2025, Notice was issued and the Defendants were directed to file Reply to the present Application within a period of four weeks after service of Notice.

2. The learned Counsel for the Plaintiff submits that the Notice of Summons, complete Suit Paper book, the applications and the order dated 16.10.2025 has been forwarded through email dated 07.11.2025 to Defendant No. 1 and through email dated 24.11.2025 to Defendant No. 2 and that an Affidavit of Service dated 24.11.2025 (“Affidavit”) in this regard has also been filed and is on record. The Affidavit further states that the physical copy of the Notice of Summons, the complete Suit Paper book, the applications, and the documents along with the order dated 16.10.2025, has also sent on 12.11.2025 through speed post and courier to Defendant No.

1 with the present status showing as Dispatched and In-Transit.

3. Despite service of Notice in terms of the order dated 16.10.2025, none has appeared on behalf of the Defendants.

4. Accordingly, the learned Senior Counsel for the Plaintiff made the following submissions:

4.1. The Plaintiff is engaged in providing logistics services encompassing international supply chain solutions, Container Freight Stations-Inland Container Depots (CFS-ICD), Ground Express, Consultative Logistics, and Industrial and Logistics Parks (“Plaintiff’s Services”).

4.2. The Plaintiff adopted the arbitrary and fanciful Mark

‘ALLCARGO’ in the beginning of 1990s and has been providing and / or marketing the Plaintiff’s Services under the Trade Mark / Corporate Name ‘ALLCARGO’, and various stylized / formative Marks incorporating ‘ALLCARGO’ in a prominent manner, including but not limited to ‘ , ‘ , / ‘ ’ ‘ , / ‘ , / ‘ ’ / ‘ ’ / ‘ ’ /

‘ ’ / ‘ ’ / ‘ ’ / ‘ ’ / ‘ ’ / ‘ ’ / ‘ ’ / ‘ ’ ‘ ’ / ‘ ’ / ‘ ’ /

‘ ’ (“Subject Marks”).

4.3. The Plaintiff is the prior adopter and superior user of the Subject Marks. The Plaintiff has been continuously using the Subject Marks as part of its Corporate Identity / Business and in relation to promotional and publicity material, for over three decades in India. Therefore, any mark which contains ‘ALLCARGO’ or any similar term thereof in respect of the logistics chain and supply, is solely associated with the Plaintiff alone. The details of registration of the Subject Marks are reproduced below:

Sr. Mark Reg. Application Status Class User Date No. No. Date The above registrations of the Subject Marks reflect ‘ALLCARGO’ as a dominant / prominent part of the Subject Marks. In addition to the statutory rights, the Plaintiff has also acquired common law rights in the Subject Marks by virtue of the extensive, exclusive, continuous and long running use of the Subject Marks throughout India and in various countries around the world.

4.4. The Plaintiff’s diligent use of the Subject Marks in the course of trade and commerce has resulted in the generation of substantial revenue, demonstrating the commercial success, market acceptance and operational scale of the Plaintiff’s Services in the logistics industry. The Plaintiff’s substantial revenue underscores the Plaintiff’s position as a major player in the logistics industry and demonstrates the Plaintiff’s financial capacity and business viability. The Plaintiff’s consistent growth in revenue and business volume under the Subject Marks is also a testament to the distinctiveness, reputation and goodwill acquired by the Plaintiff in the Subject Marks.

4.5. The Plaintiff has incurred considerable expenses towards the marketing and promo