TEJAS KARIA, J. (ORAL)

I.A. 25952/2025

FACTUAL BACKGROUND:

1. The Plaintiff has filed the present Suit for permanent injunction restraining the Defendant from infringing the registered Trade Mark of the Plaintiffs, and for passing off, misrepresentation, dilution, damages, rendition of accounts, delivery-up etc.

2. Vide order dated 16.10.2025, Notice was issued in this Application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (“CPC”) and the Defendant was directed file Reply to this Application.

3. Accordingly, the Defendant has filed the Reply to this Application. The learned Counsel for the Plaintiffs submitted that the Plaintiffs did not wish to file Rejoinder to the Reply filed by the Defendant to this Application.

SUBMISSIONS ON BEHALF OF THE PLAINTIFFS:

4. The learned Counsel for the Plaintiffs made the following submissions:

4.1. The Plaintiffs, by themselves and their predecessors, have been in the business of manufacturing and selling electrical products, falling in Classes 7, 9 and 11, since the year 1942. The Plaintiffs’ products sold under the Marks / Artistic Works ‘HAVELLS’ / ‘ ’ / ‘ ’ / (“Subject Marks”) enjoy market dominance across a spectrum of products, including Industrial and Domestic Circuit Protection Devices, Cables and Wires, Motors, Fans, Modular Switches, Home Appliances, Electric Water Heaters, Power Capacitors, LED Lamps, Luminaires for Domestic, Water Purifiers, Personal Grooming Products, Home Automation as well as Solar Lightning Solutions, Commercial and Industrial applications, covering the entire gamut of household, commercial and industrial electrical needs (“Plaintiff’s Products”).

4.2. The Plaintiffs’ Products are sold in India and also exported to more than 60 countries. The Plaintiffs have a domestic presence across 45 cities with more than 6,500 professionals. The Plaintiffs also have exclusive brand showroom as Havells Galaxy Stores with over 600 Havells Galaxy Stores spread across the country. The Plaintiffs also have a mobile application named HAVELLS E-STORE for consumers to shop online.

4.3. The Subject Mark ‘HAVELLS’ is an invented / coined word from the first five letters of the first name of the Plaintiff’s predecessor Late Sh. Haveli Ram Gandhi, in the year 1942 and has been extensively used as a Trade Mark ever since. The Plaintiffs, by way of extensive usage, vast promotions and quality products have brought the Subject Mark ‘HAVELLS’ to its present goodwill and reputation.

4.4. The Plaintiffs have secured registrations over the Subject Mark ‘HAVELLS’, both as word as well as label across multiple classes. The earliest registrations of the Plaintiffs relate back to the year 1955. The Subject Mark ‘HAVELLS’ also forms part of the Corporate Name of Plaintiff No. 1. The Subject Mark ‘HAVELLS’ has also been declared as a well-known mark within the meaning of Section 2(1) (zg) of the Trade Marks Act, 1999 (“Act”) by this Court, vide order dated 08.12.2014 passed in suit No. CS (OS) 3770/2014 titled as Havells India Ltd & Anr. Vs M/s TT Plyboard & Ors. As the Subject Mark ‘HAVELLS’ has been declared a well-known mark, it is entitled to the highest degree of protection.

4.5. The Subject Marks on account of their global use have also earned goodwill and reputation globally and the recognition of a well-known mark in international jurisdictions such as Turkey and the World Intellectual Property Organization (WIPO).

4.6. The details of registrations of the Subject Mark ‘HAVELLS’ in India are as below:

4.7. The Subject Mark ‘HAVELLS’ and its variants have more than 800 applications / registrations in more than 130 countries including India. In addition, the Plaintif