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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 24.12.2025

+ CS(COMM) 532/2022

A.O. SMITH CORPORATION AND ANR. .....Plaintiffs

versus

STAR SMITH EXPORT PVT. LTD. AND ANR. .....Defendants

Advocates who appeared in this case

For the Plaintiffs : Mr. Ranjan Narula, Ms. Shakti Nair & Mr.

Parth Bajaj, Advocates.

For the Defendants : Mr. Manoj Choudhan, Mr. Ujjwal Singh

Parmer, Ms. Neha Raj Singh & Ms. Ridhi

Krishna, Advocates.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J

I.A. No. 12253/2022

1. The present Application has been filed under Order XXXIX Rules 1

and 2 of the Code of Civil Procedure, 1908 (“CPC”) seeking an interim

injunction restraining infringement of the Trade Marks, ‘A.O. SMITH’, ‘

Signature Not Verified CS(COMM)532/2022 Page1of14

Signed By:NEELAM

SHARMA

Signing Date:24.12.2025

19:38:41

’, ‘ ’ and ‘BLUE

DIAMOND’ (“Plaintiffs’ Trade Marks”) and restraining the Defendants

from using the Marks, ‘STARSMITH’, STAR SMITH’, ‘BLUE

DIAMOND’, ‘ ’ and ‘ ’

(“Impugned Trade Marks”) either as a Trade Name or Trade Mark and / or

any other deceptively similar Marks.

2. The Plaintiffs further sought an interim injunction restraining the

Defendants from using the Domain Name, http://www.starsmith.in/,

(“Impugned Domain Name”) which is deceptively similar to the Domain

Names, https://www.aosmith.com/, and, http://www.aosmitindia.in/

(“Plaintiffs’ Domain Names”).

PROCEDURALBACKGROUND:

3. Vide Order dated 03.08.2022, an ex-parte ad-interim order was

granted in favour of the Plaintiffs restraining the Defendants from using the

Marks, ‘STARSMITH’, ‘STAR SMITH’, and ‘BLUE DIAMOND’ or any

other Mark that is deceptively similar to the Plaintiffs’ Trade Marks for

manufacture, distribution, sale of geysers, purification systems, water

purifiers, RO systems and other cognate and allied goods. However, insofar

as the Trade Name of Defendant No. 1, Star Smith Export Pvt. Ltd.,

(“Impugned Trade Name”) was concerned, so long as the same is only

used as a Corporate Name, without giving undue prominence to ‘STAR

SMITH’, the same was allowed to be continued till the pleadings were

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Signed By:NEELAM

SHARMA

Signing Date:24.12.2025

19:38:41

completed in the matter. Further, the relief qua the Impugned Domain Name

was also left to be considered after the Defendants entered appearance.

4. Vide Judgment dated 22.03.2024, the ex-parte ad-interim Order dated

03.08.2022 was made absolute and although it was observed that the

exceptions in the Order dated 03.08.2022 with respect to granting an

injunction against the Impugned Trade Name and the Impugned Domain

Name, remained to be adjudicated the present Application was disposed of.

The Plaintiffs filed a review petition against the Judgment dated 22.03.2024

seeking clarification as the present Application was disposed of even when

the exceptions carved out vide Order dated 03.08.2022 regarding the

Impugned Trade Name and the Impugned Domain Name were left to be

adjudicated.

5. Vide Order dated 18.10.2024, the Review Petition filed by the

Plaintiffs was allowed and the present Application was revived to the extent

that the issues of injunction against the Impugned Trade Name and against

the Impugned Domain Name, which forms part of the reliefs sought in

Paragraph No. 15(b) of the present Application is to be decided.

6. Vide Order dated 09.09.2025, after conclusion of Arguments by the

Parties, the Judgment was reserved in the presentApplication.

SUBMISSIONSONBEHALFOFTHEPLAINTIFFS:

7. The learned Counsel for the Plaintiffs made the following

submissions:

7.1 Plaintiff No. 1 has been using the Trade Name, ‘A.O. SMITH’

(“Plaintiffs’Trade Name”) as its House Mark since its inception

in 1874 for residential and commercial water heaters and boilers

and water purification equipment. The Plaintiffs’ Trade Name is

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Signed By:NEELAM

SHARMA

Signing Date:24.12.2025

19:38:41

present on a substantial majority of the products manufac