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2026 Supreme(Online)(Del) 16672
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
House of Diagnostics LLP – Appellant
Versus
MVP Healthcare Pvt. Ltd. – Respondent
CS(COMM) 872/2026
For the Appellants/Petitioners: Vaibhav Vutts, Amna Hasan, Anupriya Shyam, Vaibavi SG
For the Respondents:
An ex parte ad interim injunction is granted when the plaintiff establishes a prima facie case of trademark infringement and passing off based on prior use, registered rights, and deceptive similarity of marks for identical services, leading to a likelihood of public confusion.
Headnote:(A) Pre-Institution Mediation - Urgent Relief - Exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 is permissible where urgent interim relief is prayed for. (Para 4)
(B) Trademark Infringement - Deceptive Similarity - Use of a mark that is nearly identical or deceptively similar to a registered trademark for identical services in the healthcare sector creates a likelihood of confusion among the public and constitutes infringement. (Para 29, 32)
(C) Passing Off - Prior User and Goodwill - A party that has established extensive goodwill and reputation through long-term use and registration of a mark is entitled to protect its common law rights against subsequent users attempting to encash on such reputation. (Para 32)
Issues: Whether the Defendant's use of the mark "HOD / House of Doctors" constitutes infringement of the Plaintiffs' registered trademarks and passing off.
| Table of Content |
|---|
| 1. disposal of interlocutory applications and procedural directions for suit registration and summons. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. establishment of plaintiffs' prior use, trademark registrations, and substantial goodwill in the h.o.d mark. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. identification of defendant's adoption of a deceptively similar mark and infringing online activities. (Para 26 , 27) |
| 4. arguments regarding deceptive similarity, bad faith adoption, and likelihood of public confusion. (Para 28 , 29 , 30) |
| 5. grant of ex parte ad interim injunction based on prima facie infringement and passing off. (Para 31 , 32 , 33) |
O R D E R
I.A.21627/2026 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
I.A. 21625/2026 (for pre-institution mediation)
3. This application is filed on behalf of the Plaintiffs under Section 151 CPC read with Section 12-A of the Commercial Courts Act, 2015 seeking exemption from Pre-Institution Mediation.
4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiffs from Pre-Institution Mediation.
5. Application is allowed and disposed of.
I.A.21626/2026 (u/O XI Rule 1 (4) r/w Section 151 CPC)
6. This application is filed on behalf of the Plaintiffs seeking to place on record additional documents.
7. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.
8. Application is allowed and disposed of.
I.A. 21628/2026 (u/S 151 CPC)
9. This application is filed on behalf of the Plaintiffs seeking urgent listing of the present suit.
10. For the reasons stated in the application, the same is allowed and disposed of.
11. Let plaint be registered as a suit.
12. Issue summons to the Defendant through all permissible modes, returnable before the learned Joint Registrar on 15.09.2026.
13. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the date of receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiffs.
14. It will be open to the Plaintiffs to file replication within 30 days from receipt of the written statements along with affidavits of admission/denial of documents filed by the Defendant.
15. If any of the parties wish to seek inspection of any documents, the same be sought and given within the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.
16. Learned Joint Registrar shall carry out admission/denial of documents and marking of exhibits.
I.A. 21624/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)
17. This application is filed on behalf of the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.
18. Issue notice to the Defendant through all permissible modes, returnable before Court on 07.12.2026.
19. Case of the Plaintiffs as set out in the plaint is that that Plaintiffs are three sister concerns constituting the HOD Group, managed by members of the same family and forming a single economic unit. Plaintiff No.1, House of Diagnostics LLP, was incorporated on 15.09.2009 as East Delhi Focus Imaging LLP and was renamed on 16.05.2013. Plaintiff No.2, HOD Healthcare Pvt. Ltd., was incorporated on 09.09.2005 as Focus East Delhi Diagnostic Services Pvt. Ltd. and was renamed on 27.06.2017. Plaintiff No.3, House of Diagnostics Healthcare Pvt. Ltd., was incorporated on 10.12.2007 as NCR MRI & Diagnostics Pvt. Ltd. and was renamed on 17.04.2018. Plaintiffs are engaged in providing an extensive range of medical and health diagnostics, pathology,
