Case Title: Diamond Modular Pvt. Ltd. Vs. Vikash Kumar & Anr. Case No.: RFA(COMM) 166/2025 Date of Order: May 5, 2025 Neutral Citation: 2025:DHC:3619 Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon’ble Justice C. Hari Shankar and Hon’ble Justice Ajay Digpaul
Facts:
Diamond Modular Pvt. Ltd. (appellant) alleged that Vikash Kumar (respondent) was using the mark "DIAMOND GOLD" in relation to electrical goods, which infringed upon its registered trademarks "DIAMOND" registered in Classes 9 and 11. The appellant had built a reputation since 1975 in electrical goods, and its "DIAMOND" mark was well-known and registered since 1984. The respondent, without registration, used the mark "DIAMOND GOLD" for fans and other electrical goods starting July 2022.
Procedural History:
The appellant filed CS (Comm) 444/2023 before the Commercial Court for a permanent injunction against the respondent's use of the mark "DIAMOND GOLD" and for other reliefs. The Commercial Court dismissed the suit on October 15, 2024. Aggrieved, the appellant filed the present appeal before the High Court.
Issue:
Whether the respondent's use of "DIAMOND GOLD" constitutes infringement of the registered "DIAMOND" mark, and whether the trademarks are deceptively similar, causing confusion.
Decision:
The High Court allowed the appeal, quashing the impugned order and directing the Commercial Court to decree in favor of the appellant. The court held that there was deceptive similarity between "DIAMOND" and "DIAMOND GOLD", and that the appellant had established prior registration and use rights. The court issued a permanent injunction restraining the respondent from using the mark "DIAMOND GOLD" or any deceptively similar mark.
