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2026 Supreme(Online)(Del) 11826
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
SUMMERCOOL HOME APPLIANCES LIMITED VS. PARVEEN KUMAR GOYAL PROPRIETOR OF AMKASH INTERNATIONAL & ANR.
CS(COMM) 489/2026
For the Appellants/Petitioners: Ayesha Guhathakurta, Urvika Aggarwal
For the Respondents:
An ex-parte ad-interim injunction is warranted in trademark disputes where 'triple identity' (identical marks, identical products, and identical trade channels) is established, creating a strong prima facie case of infringement and passing off.
Headnote:The case involves the Trade Marks Act, 1999, specifically Section 29(5), and the Commercial Courts Act, 2015. The plaintiffs, global security service providers, sought a permanent injunction against the defendants for infringement and passing off of their registered trademarks 'G4S' and associated marks. The plaintiffs established long-term use, significant turnover, and substantial advertising expenditure, while the defendants used deceptively similar marks 'GK4' and 'GK4S' for identical services despite providing prior undertakings to cease such use. The court addressed whether the defendants' use of the impugned marks constituted trademark infringement and passing off. The court reasoned that this is a case of "triple identity," where the marks, the product category, and the trade channels/consumer base are identical. Consequently, the court found the defendants' conduct to be prima facie dishonest and an attempt to ride on the goodwill and reputation of the plaintiffs. Defendants, their directors, proprietors, partners, associates, assigns, heirs, successors, permitted assigns, sister concerns or group companies, agents and all others acting for and on their behalf are restrained from using, soliciting, providing services and advertising in any manner including on the internet, directly or indirectly dealing in security services under the Impugned Marks ‘GK4’, ‘GK4S’, ‘ ’ and ‘ ’ or the Impugned Trade Name, ‘GK4 Secure India Private Limited’ and / or any other Trade Mark or Trade Name, which is identical and / or deceptively similar to the Plaintiffs’ Marks, ‘G4S’, ‘ ’, and ‘ ’ so as to cause infringement and / or passing off of the Plaintiffs’ Marks.
| Table of Content |
|---|
| 1. handling of procedural applications, exemptions from mediation, and issuance of summons in commercial suits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. establishment of trademark ownership, commercial success, and the history of deceptive use by the defendant. (Para 17 , 18) |
| 3. application of the 'triple identity' test to determine trademark infringement and the necessity of an interim injunction. (Para 19 , 20 , 21) |
| 4. granting of ex-parte ad-interim injunction to prevent further infringement and passing off. (Para 22 , 23 , 24 , 25) |
O R D E R
I.A. 12831/2026 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 12833/2026 (Exemption from pre-institution Mediation)
3. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”).
4. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.
5. The Application stands disposed of.
6. Let the Plaint be registered as a Suit.
7. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.
8. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file Affidavit(s) of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.
9. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiffs, Affidavit(s) of Admission / Denial of the documents of the Defendant(s) be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.
10. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
11. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
12. List before the learned Joint Registrar on 14.07.2026 for completion of service and pleadings.
I.A. 12832/2026 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
13. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.
14. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
15. Accordingly, the Application stands disposed of.
I.A. 12830/2026 (U/O XXXIX Rules 1 & 2 of CPC)
16. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.
17. The present Suit has been filed for permanent injunction restraining infringement of the registered Trade Marks, ‘G4S’, ‘ ’, and ‘ ’ (“Plaintiffs’ Marks”) passing off, dilution, unfair competition for rendition of accounts / damages, delivery up, etc
18. The learned Counsel for the Plaintiffs made the following submissions:
18.1. Plaintiff No. 1, G4S Limited and its group of companies, which includes Plaintiff No. 2, G4S Secure Solutions (India) Private Limited, are a leading global, integrated security services company specializing in the delivery of security and related services to customers across the world. Plaintiff No. 1 and its group of companies are active in more than 90 countries and employ approximately 8,00,000 employees and subcontr
