Case Title: Pluto Travels India Private Limited Vs. PTW Holidays Private Limited Court: High Court of Delhi Judge: Hon’ble Mr. Justice Saurabh Banerjee Case No.: CS(COMM) 334/2024 Order Date: May 14, 2025 Neutral Citation: 2025:DHC:3709 Date of Order: May 14, 2025
Fact:
Pluto Travels India Private Limited (Plaintiff) has been in operation since 2004, offering luxury car rentals and travel services under the trademarks “PLUTO” and a distinctive device mark. They obtained trademark registrations and have been using these marks continuously for years. The defendant, PTW Holidays Private Limited, started its business around 2016 and adopted the mark “PLUTO TOURS” for providing travel services. The plaintiff contended that the defendant’s mark is identical and deceptively similar, leading to consumer confusion and infringement of their trademarks.
Procedural Detail:
The plaintiff filed a suit for permanent injunction and an interlocutory application seeking an interim injunction to restrain the defendant from using the mark “PLUTO TOURS.” The defendant opposed the injunction, claiming that their use was honest, since their adoption dates back to 2016, and that their marks are different in appearance and nature of services.
Issue:
The key issue was whether the defendant’s use of “PLUTO TOURS” infringed upon the plaintiff’s trademarks “PLUTO” and associated device mark, and whether an interim injunction should be granted to prevent further use by the defendant.
Decision:
The Court held that the plaintiff successfully established a prima facie case of trademark infringement and that the balance of convenience favored granting an interim injunction. It was found that the plaintiff’s longstanding use and registration of “PLUTO” and the device mark could be harmed irreparably if the defendant continued using “PLUTO TOURS.” The Court thus granted the interim injunction restraining the defendant from using the impugned marks.
