Sunday, August 3, 2025

Rita Rikh Vs. Arvind Gautam

Case Title: Rita Rikh Vs. Arvind Gautam
Date of Order: 31.07.2025
Case Number: FAO (COMM) 141/2024
Neutral Citation: 2025:DHC:6354-DB
Name of Court: High Court of Delhi 
Name of Judges: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Om Prakash Shukla

The appellant, alleging passing off of her unregistered trademark “Dr. Rikh’s Clinic”, filed a commercial suit and sought an interim injunction from the Commercial Court, Dwarka. The relief sought was to restrain the respondent from using the mark “Dr. Rikh’s Clinic”. The Commercial Court, by order dated 14.05.2024, granted the exact interim relief prayed for by the appellant.

Despite obtaining the full relief sought, the appellant filed the present appeal under the misconception that the injunction should also restrain the use of the word “Rikh” simpliciter. However, no such prayer was ever made in the original suit or interim application.

The Division Bench found the appeal to be entirely frivolous and unwarranted, emphasizing that the appellant had already obtained the precise relief she had asked for. Consequently, the Court dismissed the appeal, observing that it unnecessarily consumed judicial time, and though inclined, refrained from imposing costs.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.


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