* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order reserved on : 01.04.2026 Order delivered on: 15.04.2026 + CS(COMM) 125/2026, I.A. 4734/2026, I.A. 6512/2026 & I.A.

7236/2026 MORE THAN WATER PRIVATE LIMITED .....Plaintiff versus NESCO LIMITED .....Defendant Advocates who appeared in this case:

For the Plaintiff : Mr. Chander M. Lall, Senior Advocate with Mr.

Anirudh Bhatia, Advocate.

For the Defendant : Mr. J. Sai Deepak, Senior Advocate with Mr.

Naqeeb Nawab, Ms. Sanandika Pratap Singh, Mr. Sidhi Pramodh Rayadu and Ms. Purnima Vashistha, Advocates.

CORAM:

HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

TUSHAR RAO GEDELA, J.

I.A. 3663/2026 (Under Order XXXIX Rules 1 & 2, CPC)

1. This is an application filed by the plaintiff under Order XXXIX Rules 1 & 2, Code of Civil Procedure, 1908 (‘CPC’) seeking interim injunction against the defendant.

2. The plaintiff claims to be incorporated on 02.09.2022 and engaged in the business of manufacturing, marketing, distribution and sale of packaged drinking water supplied through eco-friendly paper-based boxes/packaging bearing the trademarks ‘WATERBOX’, ‘WATER BOX’, ‘MORE THAN

WATERBOX’/ , ‘WATER BOX IS THE RIGHT

CHOICE’/ / .

3. Plaintiff claims to be the prior adopter and user of the aforesaid earlier, well-known trademarks and has filed the present suit for passing off and infringement of copyright, claiming that the defendant is advertising, marketing, promoting, offering for sale and selling packaged drinking water bearing the impugned mark ‘MY WATER BOX’(Device)/

/ , by slavishly copying, with dishonest

intention, the prominent and essential feature of the plaintiff’s mark ‘WATER BOX’ ad verbatim, in its entirety, in respect of identical goods.

4. It is claimed that the defendant mala fide obtained the registration of

the impugned mark ‘MY WATER BOX’ (Device)/

bearing Application no.6879596 in Class-32 dated 26.02.2025, with user claim of 15.10.2020.

5. Plaintiff further asserts that being a prior adopter and prior user of the said trademarks, it has perfected its common law rights as opposed to the defendant. It is in this backdrop that the plaintiff has instituted the accompanying suit for passing off against the defendant and the present application is filed for ad-interim injunction against the defendant.

CONTENTIONS OF THE PLAINTIFF:-

6. Mr. Chander M. Lall, learned senior counsel appearing for the plaintiff submitted as under:-

6.1. Learned senior counsel opened his arguments by inviting attention of this Court to the comparison between various marks of the plaintiff and that of the defendant which is extracted hereunder:-

Learned senior counsel submitted that though the plaintiff’s marks

are not registered, however, it is the prior adopter and user of the said marks since the year 2018. An application for registration of the device mark, ‘More Than Water Box’/ was submitted in the year 2023 and an application for the word mark ‘Water Box’ was submitted in

the year 2026 by the plaintiff.

6.2. Mr. Lall, learned senior counsel contended that since the present suit is instituted on the claim that the defendant is passing off its goods as that of the plaintiff, it would be necessary for the plaintiff to establish prior adoption, prior user and goodwill from the year 2018. In order to support the said contention, he referred to various invoices commencing from 23.06.2018 which is a purchase order placed by the Predecessor-in-interest - M/s. Meera Enterprises. He also invited attention to Invoice bearing no.MEE-007 dated 09.02.2020 for the goods sold under the mark ‘More Than Water Box’. Thereafter, other invoices pertaining to purchases by M/s. Meera Enterprises were also drawn attention to. Lastly, attention was invited to Invoice no.MEE-007 dated 12.01.2020 for the goods sold under the mark ‘More Than Water Box’.

6.3. Learned senior counsel further contended that on 11.11.2018, the mark of the plaintiff ‘Water Box is the Right Choice’ was created and furnished to the plaintiff through e-mail. In order to su