Delhi High Court Grants Ex-Parte Ad Interim Injunction to Hell Energy in Trademark Infringement Case
Delhi High Court has granted an ex-parte ad interim injunction in favor of Hell Energy Magyarország Kft., the registered proprietor of the trademark "HELL" in Class 32, in respect of energy drinks. The plaintiff holds multiple international registrations for their marks, establishing a strong global presence.
In April 2024, Hell Energy discovered that their trademarks were being misused by individuals operating under the domain names “hellenergypvt.com” and “hell-energy.in.” These imposters allegedly used email addresses associated with these domains to defraud the public by offering fake distributorships for Hell Energy products.
Based on the evidence and pleadings, the court found that the plaintiffs had prima facie established their ownership of the "HELL" trademark and its derivatives, along with the associated goodwill. The provided screenshots and other materials clearly demonstrated the misuse of the plaintiffs’ registered trademarks by the imposters.
Judge Sanjeev Narula, evaluating the case, noted that Hell Energy had made a compelling prima facie case. The court recognized the potential for irreparable harm to the plaintiffs if an ex-parte ad interim injunction was not granted. Consequently, the balance of convenience was deemed to lie in favor of the plaintiffs.
As a result, the court issued an ex-parte ad interim injunction, restraining the defendants from using the disputed domain names and any associated email addresses until the next hearing. This order aims to prevent further fraudulent activities and protect the integrity of Hell Energy’s trademark.
Case Title:Hell Energy Magyarorazagkft Vs National Internet Exchange of India
Judgment/Order Date: 30.05.2024
Case No. CS(COMM) 494/2024
Neutral Citation: NA
Name of Court: Delhi High Court
Name of Hon'ble Judge: Sanjeev Narula, H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written by:Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
Delhi High Court has granted an ex-parte ad interim injunction in favor of Hell Energy Magyarország Kft., the registered proprietor of the trademark "HELL" in Class 32, in respect of energy drinks. The plaintiff holds multiple international registrations for their marks, establishing a strong global presence.
In April 2024, Hell Energy discovered that their trademarks were being misused by individuals operating under the domain names “hellenergypvt.com” and “hell-energy.in.” These imposters allegedly used email addresses associated with these domains to defraud the public by offering fake distributorships for Hell Energy products.
Based on the evidence and pleadings, the court found that the plaintiffs had prima facie established their ownership of the "HELL" trademark and its derivatives, along with the associated goodwill. The provided screenshots and other materials clearly demonstrated the misuse of the plaintiffs’ registered trademarks by the imposters.
Judge Sanjeev Narula, evaluating the case, noted that Hell Energy had made a compelling prima facie case. The court recognized the potential for irreparable harm to the plaintiffs if an ex-parte ad interim injunction was not granted. Consequently, the balance of convenience was deemed to lie in favor of the plaintiffs.
As a result, the court issued an ex-parte ad interim injunction, restraining the defendants from using the disputed domain names and any associated email addresses until the next hearing. This order aims to prevent further fraudulent activities and protect the integrity of Hell Energy’s trademark.
Case Title:Hell Energy Magyarorazagkft Vs National Internet Exchange of India
Judgment/Order Date: 30.05.2024
Case No. CS(COMM) 494/2024
Neutral Citation: NA
Name of Court: Delhi High Court
Name of Hon'ble Judge: Sanjeev Narula, H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written by:Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
