Monday, December 15, 2025

Mandeep Singh Vs. Shabir Momin

Mandeep Singh, creator and prior user since 2012 of the INSTANT BOLLYWOOD brand and device mark for Bollywood entertainment content on digital platforms with millions of followers, entered into a 2019 agreement with One Digital Entertainment Pte. Ltd. (ODE), whose managing director Shabir Momin (Respondent No.1) clandestinely obtained trademark registrations in his personal name around 2020, filed four rectification petitions under Section 57(2) of the Trademarks Act, 1999 seeking cancellation after terminating the agreement in August 2025 and discovering the registrations. 

On 11.12.2025, the Delhi High Court noted the 2019 agreement acknowledging joint 50:50 ownership of the brand IPR, impleaded Times Internet Inc. as Respondent No.3 upon proof of assignment dated 24.10.2025 from Respondent No.1 (of which petitioner had notice), found prima facie admitted 50% rights of petitioner not reflected in registrations or assignment without his consent or consideration, directed status quo on the assignment and restrained creation of third-party interests to protect petitioner's rights, criticised petitioner's suppression of prior knowledge of registrations since 2022 and related documents but declined to dismiss interim application, instead imposing costs of Rs.5 lakhs per petition payable to DHCLSC, and listed the matters further.

Assignee of a trademark (even with drag-along rights) cannot exclude the admitted joint owner (with 50% IPR) from rights without consent or consideration; status quo directed to protect such admitted rights pending rectification (Paras 18-23).

Suppression of material documents and facts (prior knowledge of registrations and related agreements/notices) warrants imposition of heavy costs, though not necessarily dismissal of interim relief where prima facie rights are admitted (Paras 24-26).

Case Title: Mandeep Singh Vs. Shabir Momin :11.12.2025:C.O. (COMM.IPD-TM) 275/2025:
Name of Judge: Hon'ble Ms. Justice Manmeet Pritam Singh Arora

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]


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

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