Introduction:The Bombay High Court has once again demonstrated its zero-tolerance approach towards litigants who approach the court with unclean hands while simultaneously underscoring the limited scope of passing off actions when parties operate in non-overlapping segments of the same broad industry. Bombay High Court dismissed the interim injunction application filed by Rynox Gears against Steelite India, holding that no case of trademark infringement arises against a registered proprietor and that the passing off claim fails on multiple counts including suppression of material facts, absence of goodwill in the relevant segment, and insufficient similarity between the composite marks. The ruling serves as a stark reminder that false pleadings about product lines and service of notices can result in outright dismissal at the threshold stage, even before merits are fully examined, and that common field of activity remains a relevant but not decisive factor in passing off jurisprudence.
Factual Background:Rynox Gears, a Mumbai-based partnership firm established in 2012, has been marketing motorcycle protective accessories such as jackets, gloves, pants, and luggage systems under the trademark “RYNOX”. The word mark was applied for on 31 August 2016 with a user claim since 16 February 2012 and published in the Trade Marks Journal on 23 January 2017. A device mark incorporating the word “RYNOX” was applied for in 2019. The plaintiff maintains an e-commerce website at
https://rynoxgear.com and has secured approximately 23 registrations across classes. Substantial promotional expenses and sales turnover (Rs. 42 crores in 2022-2023) are pleaded to establish goodwill.
Steelite India, a Delhi-based partnership constituted in 2016, adopted the mark “RHYNOX” (with a distinctive rhinoceros device and stylised “X”) as a homage to the state animal of Assam. The defendant claims use since December 2016 for safety helmets, applied for registration in Class 9 on 2 January 2017, and secured registration without opposition on 28 November 2020. The defendant also registered the domain www.rhynoxhelmets.co.in in 2019 and has been continuously marketing helmets since 2017, supported by a Chartered Accountant’s certificate of turnover. The defendant asserts honest adoption after a trademark search that did not reveal the plaintiff’s then-unpublished application.
Procedural Background:The plaintiff instituted Commercial IP Suit (Lodging) No.35513 of 2024 seeking injunction for infringement and passing off. Along with the suit, Interim Application (Lodging) No.897 of 2025 was moved under Order XXXIX Rules 1 and 2 CPC. The defendant filed a limited affidavit-in-reply raising suppression of facts, denial of jurisdiction, and asserting prior adoption and registration. The plaintiff filed a rejoinder attempting to establish cognate goods and explaining the cease-and-desist notice dated 25 October 2023. Both sides advanced detailed oral submissions. The matter was reserved on 25 February 2026 and pronounced on 17 March 2026.
Reasoning: Court addressed the infringement claim and held that Section 28(3) and Section 30(2)(e) of the Trade Marks Act, 1999 expressly protect co-existing registered proprietors from infringement actions against each other. Relying on the Full Bench decision in Lupin Ltd. v. Johnson & Johnson, the court noted that it can go beyond registration only in cases of ex facie illegality or fraud shocking the conscience of the court. Here, the defendant’s registration preceded the plaintiff’s publication and was granted without opposition; no pleadings or arguments assailed its validity on fraud grounds. Thus, no prima facie case for infringement existed.
Turning to passing off, the court found the plaintiff guilty of making false statements on oath. The plaint repeatedly claimed the plaintiff manufactured and marketed helmets since 2012, a fact contradicted by the defendant and not supported by evidence; the rejoinder shifted to a new plea of “cognate” or “allied” goods only after the defence was raised. Similarly, the plaint asserted receipt of the cease-and-desist notice and consequent takedown of the defendant’s website, yet the rectification application filed by the plaintiff itself admitted the notice was returned undelivered. The rejoinder compounded the falsehood by claiming misplaced proof of delivery. Citing Ramjas Foundation & Anr. v. Union of India & Ors., the court held that a litigant approaching with unclean hands is not entitled to be heard on merits and the application deserved dismissal at the threshold.
Even on merits, the court found no case for passing off. The plaintiff failed to demonstrate goodwill in the helmet segment as on the date of the defendant’s adoption in 2016; sales figures were for riding gear, not helmets. The composite marks were dissimilar—the defendant’s rhinoceros device and exaggerated “X” provided sufficient added matter to distinguish, as held in Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceuticals Laboratories. A solitary e-commerce instance on Meesho was insufficient to prove misrepresentation or likelihood of deception. Common field of activity, though relevant per Kirloskar Diesel Recon Pvt. Ltd. v. Kirloskar Proprietary Ltd., was absent; helmets and riding apparel target different consumer expectations and trade channels. Balance of convenience favoured the defendant, who had built a running business since 2017.
Judgements with complete citation discussed and decision of court:The court placed central reliance on Lupin Ltd. v. Johnson & Johnson ((2014) SCC OnLine Bom 4596) to hold that infringement relief is unavailable against a registered proprietor unless registration is ex facie illegal or fraudulent. Ramjas Foundation & Anr. v. Union of India & Ors. ((2010) 14 SCC 38) was cited for the principle that unclean hands disentitle a party from equitable relief at the interim stage. Kirloskar Diesel Recon Pvt. Ltd. & Anr. v. Kirloskar Proprietary Ltd. & Ors. (1995 SCC OnLine Bom 312) was invoked to emphasise that while common field is not the sole criterion, it remains a relevant factor and misrepresentation must be shown from the perspective of the public’s state of mind. Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceuticals Laboratories (1964 SCC OnLine SC 40) was applied to hold that added matter in a composite mark can sufficiently distinguish goods.
The defendant’s submissions on co-existence and bona fide adoption were accepted in light of the sequence of registration dates. In the result, the Interim Application was dismissed in its entirety with no order as to costs. The suit was directed to proceed to trial on remaining issues.
Point of law settled in the case:The judgment settles that false statements regarding product lines, service of notices, and suppression of material facts in pleadings constitute unclean hands sufficient to dismiss an interim injunction application at the threshold without examining the merits of passing off. In co-existence of registered trademarks, infringement relief is statutorily barred unless registration is challenged and shown to be ex facie illegal or fraudulent. For passing off, goodwill must be demonstrated in the specific segment in which the defendant trades as on the date of the defendant’s adoption; mere association with a broader industry is insufficient. Composite marks with distinctive devices and stylised elements provide added matter that can negate misrepresentation even if word elements are phonetically similar. A solitary instance of confusion on an e-commerce platform is inadequate to prove likelihood of deception.
Case Title: Rynox Gears Vs. Steelite India
Date of Order: 17.03.2026
Case Number: Interim Application (Lodging) No.897 of 2025 in Commercial IP Suit (Lodging) No.35513 of 2024
Neutral Citation: 2026:BHC-OS:8734
Name of court: High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction in its Commercial Division)
Name of Hon'ble Judge: Sharmila U. Deshmukh, J.
Disclaimer: 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
Suggested Titles for the Article:
- Bombay High Court Dismisses “RYNOX” Injunction Bid: Unclean Hands and Distinct Segments Seal Fate of Passing Off Claim
- Unclean Hands Doctrine in Action: Bombay HC Refuses Interim Relief in Motorcycle Gear vs Helmet Trademark Battle
- No Infringement Against Registered Proprietor: Detailed Analysis of Rynox Gears v. Steelite India Ruling
Suitable Tags: Trademark Infringement, Passing Off, Unclean Hands, Common Field of Activity, Registered Marks Co-existence, Motorcycle Accessories, Helmets, Bombay High Court, Suppression of Facts, Interim Injunction
Headnote of Article
In Rynox Gears v. Steelite India (2026:BHC-OS:8734), the Bombay High Court dismissed the plaintiff’s interim injunction application holding that no infringement lies against a registered proprietor and passing off fails due to the plaintiff’s unclean hands through false pleadings on helmets and notice service, absence of goodwill in the helmet segment, dissimilar composite marks with added rhinoceros device, and insufficient evidence of misrepresentation. The ruling reinforces that suppression and falsehoods disentitle equitable relief at the threshold and that common field remains a relevant but not decisive factor in passing off actions.
