Darzi India LLP Vs. Kafil Ahmed

Darzi India LLP Vs. Kafil Ahmed

Date of Order: 20th February 2025

Case No.: CS(COMM) 151/2025

Name of Court: High Court of Delhi

Name of Judge: Hon’ble Ms. Justice Mini Pushkarna

Fact

Darzi India LLP filed a suit against Kafil Ahmed for trademark infringement, passing off, dilution, and unfair competition. The plaintiff has been using the trademark "DARZI" since 1981 and has secured multiple trademark registrations for the mark. The plaintiff claimed that the defendant was using the infringing marks "Kafil The Darzi" and "kafilthedarzi@gmail.com," which incorporated the plaintiff’s registered mark. The plaintiff alleged that the defendant’s use of an identical and deceptively similar mark misled consumers and unfairly exploited the goodwill associated with the "DARZI" brand. The plaintiff initially issued a cease-and-desist letter, offering a resolution where the defendant could use the mark "KAFIL DARZI" but not "THE DARZI."

Issue

The primary issue before the court was whether the defendant’s use of the phrase "Kafil The Darzi" constituted trademark infringement and passing off. The plaintiff contended that the defendant's adoption of the impugned mark was intentional and aimed at benefiting from the established reputation of "DARZI." The court had to determine if the defendant’s usage led to consumer confusion and unfair competition.

Decision

The court found that the plaintiff’s mark "DARZI" had acquired significant goodwill over decades, and the defendant’s use of a confusingly similar mark created a likelihood of deception. The defendant agreed to modify its mark and delete the word "THE" while retaining "KAFIL DARZI." The court decreed in favor of the plaintiff and directed the defendant to make necessary changes to its mark and associated branding within eight weeks. The defendant was prohibited from using "DARZI" as a standalone mark, ensuring the plaintiff’s exclusive rights over it. The suit was disposed of accordingly.