Mohsin Dehlvi Vs Sh. Masood Umar :July 11, 2025:C.O. (COMM.IPD-TM) 10/2021:2025:DHC:5672: Hon'ble Mr. Justice Saurabh Banerjee
The case involves a trademark dispute where the petitioner, Mohsin Dehlvi, sought removal or rectification of the trademark "DELVI" registered by respondent no.1, Sh. Masood Umar, under Class 30 for food products. The petitioner, operating as M/s. Dehlvi Remedies Pvt. Ltd., has used the trademark "DEHLVI" since 1994 for Unani and Ayurvedic medicines under Classes 3 and 5, with valid registrations from 1995 and a copyrighted artistic logo from 1997.
The petitioner's grandfather adopted "DEHLVI," an Urdu term for Delhi, as a surname to reflect loyalty to the city. The petitioner claimed significant investment in advertising and substantial goodwill for "DEHLVI" in the pharmaceutical sector.
Respondent no.1, trading as Exotique Concepts, registered "DELVI" in 2016 and was found selling medicinal products like aloe vera gel and essential oils, which fall under Class 5, the same as the petitioner’s goods, despite "DELVI" being registered for Class 30. The petitioner argued that "DELVI" is visually, phonetically, and structurally similar to "DEHLVI," with only the letter "H" omitted, suggesting mala fide adoption to exploit the petitioner’s reputation.
The respondent no.1 did not file a response or appear consistently in court, leading to their right to reply being closed on December 4, 2023, and the case proceeding ex parte. The court found the marks deceptively similar, noting the respondent’s 2021 application for "DELVI" in Class 5 as evidence of intent to encroach on the petitioner’s goodwill.
The court highlighted the risk of public confusion, especially in pharmaceuticals, which could harm public health. Consequently, the court ordered the removal of the "DELVI" trademark (registration no. 3153036) from the Register of Trade Marks, allowing the petition and directing the Registrar to comply.
