Newgen Software Technologies Limited Vs. Newgen IT Technologies Limited

Case Title: Newgen Software Technologies Limited Vs. Newgen IT Technologies Limited Case Number: FAO (COMM) 73/2025 Date of Order: 12.06.2025: Court: Delhi High Court Judge: 2025:DHC:4964-DB: Navin Chawla and Harish Viadyanathan

Brief Facts

The respondent, Newgen Software Technologies Limited, filed a suit alleging that the appellant, Newgen IT Technologies Limited, infringed its trademark “Newgen” by adopting a confusingly similar mark and name after their prior business relationship. The respondent sought interim and permanent injunctions to restrain the appellant from using similar marks.

Discussion by the Judge

The court examined the similarity of the trademarks and the prior relationship between the parties. It noted that the dominant element “Newgen” was common to both marks, and the likelihood of confusion among the public was high. The court observed that the appellant's adoption of the “Newgen” mark appeared not to be entirely bona fide and was connected with their prior relationship and use of the mark. The court also considered the likelihood of public confusion, the balance of convenience, and irreparable harm to the respondent’s reputation.

Decision

The court granted an ex-parte ad-interim injunction in favor of the respondent on 27th February 2025, which was later made absolute on 5th March 2025, confirming the restraining order against the appellant from using the “Newgen” mark. The appellant’s application to modify or vacate the injunction was dismissed, and the appeals challenging these orders were also rejected.