Exide Industries Limited Vs. Amara Raja Energy

Trade Dress Infringement in the Indian Battery Industry

Introduction: The case of Exide Industries Limited versus Amara Raja Energy and Mobility Limited represents a significant adjudication in the realm of intellectual property law, specifically concerning trademark infringement and passing off. Heard in the Intellectual Property Rights Division of the High Court at Calcutta, this dispute encapsulates the tension between established brand identity and alleged imitation by a trade rival. Exide, a long-standing leader in the lead-acid battery industry, accused Amara Raja, a key competitor, of adopting a deceptively similar trade dress and trademark elements, threatening its century-long goodwill. This case study delves into the factual matrix, procedural journey, core issues, judicial reasoning, and the legal principles solidified through the judgment, offering insights into the evolving jurisprudence of passing off in India.

Factual Background: Exide Industries Limited, originally incorporated as Associated Battery Makers (Eastern) Coal Ltd., has been a pioneer in manufacturing and marketing lead-acid batteries since 1920 under the trademark "EXIDE." Over time, Exide has grown into one of South-East Asia’s largest power storage solutions companies, operating manufacturing units across India and maintaining an extensive network of dealers and distributors. The company’s flagship brand, "EXIDE," is closely associated with a distinctive red and white trade dress, prominently featuring the color red across its products, packaging, advertisements, and promotional materials. Exide also holds registered trademarks for "EL" (adopted in 1987) and a "shattered O device," used extensively in its product line, including automotive and industrial batteries. The consistent and prolonged use of these elements has established a strong connection between the red color scheme and Exide’s brand identity in the public mind.

Amara Raja Energy and Mobility Limited, a major competitor, markets its batteries under the "AMARON" brand, traditionally associated with a green trade dress. For three decades, Amara Raja has built its reputation around this green color, evident in its products, advertising campaigns, and publicity materials. However, the dispute arose when Amara Raja launched a new product, "ELITO," initially in a blue trade dress for international markets in 2020. Subsequently, in India, Amara Raja shifted to a red trade dress for "ELITO," incorporating a red and white color combination and a shattered "O" device, which Exide alleged mirrored its own branding. Exide claimed that this shift was a deliberate attempt to capitalize on its goodwill, citing the visual and structural similarities between the products, including the use of the letters "EL" and the shattered "O" device.

Procedural Background:The matter was brought before the High Court at Calcutta, Intellectual Property Rights Division, Original Side, as a suit for infringement and passing off, registered as IP-COM/18/2025, with an interlocutory application (IA NO. GA-COM/1/2025) seeking an injunction to restrain Amara Raja from using the disputed trade dress and mark. Exide sought to protect its trademark and trade dress rights, arguing that Amara Raja’s actions constituted passing off by creating confusion among consumers. Amara Raja countered that the color red was not distinctive to Exide, was commonly used in the industry, and that no confusion arose from their product.

Core Dispute:The central issue in this case was whether Amara Raja’s adoption of a red trade dress for its "ELITO" product, along with the use of the letters "EL" and a shattered "O" device, constituted passing off by misrepresenting its goods as those of Exide. Exide argued that its long-standing use of the red and white trade dress, combined with its registered trademarks "EL" and the shattered "O" device, had created a strong association with its brand, making Amara Raja’s similar trade dress deceptively similar and likely to confuse consumers. Amara Raja contended that the color red lacked distinctiveness in the battery industry, citing its use by other brands, and argued that no monopoly could be claimed over a single color. Additionally, they claimed that their product’s branding was sufficiently distinct and that consumer purchasing decisions were not solely based on color, negating any likelihood of confusion.

Discussion on Judgments:Both parties relied on a range of judicial precedents to support their arguments, reflecting the complex interplay of trademark and passing off principles. Exide cited several cases to establish the protectability of its trade dress and goodwill. In Jones vs Hallworth, Reports of Patent, Design and Trademark, Vol XIV, No.8, Exide highlighted the recognition of cumulative deceptive elements leading to passing off. Cadbury-Schweppes Pty. Ltd. vs The Pub Squash Co Ltd, [1981] RPC 429, was referenced to underscore the importance of reputation and misrepresentation, though the court distinguished it due to the absence of significant deception in that case. Cadilla Health Care Ltd. vs Cadilla Pharmaceuticals Ltd., [2001] 5 SCC 73, was cited to emphasize the relevance of Indian consumer perspectives, including those of less literate buyers, in assessing confusion. Colgate Palmolive Company & Another vs Anchor Health and Beauty Care Pvt Ltd, 2003 SCC Online Del 1005, supported Exide’s claim that a distinctive color combination could acquire secondary meaning. Satyam Infoway Ltd. vs Siffynet Solutions Pvt Ltd, [2004] 6 SCC 145, was used to argue that reputation and misrepresentation do not require long usage if significant goodwill is established. Euro Solo Energy Systems Limited vs Everready Industries Limited, 2009 SCC Online Cal 1991, reinforced the applicability of passing off principles in Indian contexts. Squet International Private Limited vs Sanwal Chand Babulal and Another, 2016 SCC Online Bom 7712, was cited to highlight deceptive similarity in trade dress. Societe des Produits Nestle SA vs Cadbury UK Ltd, [2017] EWCA Civ 358, and Sanjay Soya Private Limited vs Narayani Trading Company, 2021 SCC Online Bom 407, supported the protectability of distinctive trade dress elements. Qualitex Co vs Jacobson Prods Co, 514 U.S. 159, was referenced to argue that colors could acquire secondary meaning under certain conditions. Finally, Emami Limited vs Hindustan Unilever Limited, 2024 SCC Online Cal 3579, was cited to underscore the impermissibility of adopting a competitor’s prominent trade dress elements.

Amara Raja, in defense, cited Kellogg Company vs Pravin Kumar, ILR (1996) II Delhi 11, to argue that Exide’s trade dress lacked distinctiveness due to common industry usage. Dr. Martens Australia Pty Ltd. vs Figgins Holdings Pty Ltd., [1999] FCA 461, supported their contention that a single color could not be monopolized. Cadila Health Care Ltd. vs Cadila Pharmaceuticals Ltd., [2001] 5 SCC 73, was referenced to emphasize the need for clear evidence of confusion. Colgate Palmolive Company Limited & Anr. vs Patel & Anr., [2005] SCC Online Del 1439, was cited to argue that Exide’s claim over red was untenable without secondary meaning. Wal-Mart Stores vs Samara Bros, 529 U.S. 205, supported the argument that trade dress must be inherently distinctive or have acquired secondary meaning. Cipla Ltd. vs MK Pharmaceuticals, [2007] SCC Online Del 2012, was used to challenge the protectability of colors in trade dress. Star Bazaar Pvt. Ltd. vs Trent Ltd., [2010] SCC Online Del 4764, highlighted honest concurrent use as a defense. Specsavers International Healthcare Ltd. & Ors. vs Asda Stores Ltd., [2012] EWCA Civ 24, was cited to argue that Exide’s trade dress was not exclusively associated with its brand. Britannia Industries Ltd. vs ITC Ltd., [2017] SCC Online Del 7919, supported the argument that short-term use of a color does not establish goodwill. Godfrey Phillips India Ltd. vs P.T.I Pvt Ltd., [2017] SCC Online 12509, and Khadi and Village Industries Commission vs Girdhar Industries and Another, [2023] SCC Online Del 8446, were referenced to emphasize the need for distinctiveness and evidence of confusion. Brihan Karan Sugar Syndicate Pvt. Ltd. vs Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana, [2024] 2 SCC 577, was cited to argue that passing off requires clear misrepresentation. Additional cases, such as Reckitt & Colman Products Ltd. vs Borden, [1990] 1 WLR 491, and R. Johnston & Co. vs Archibald Orr Ewing & Co., [1882] 7 App. Cas. 219, were referenced by the court to elucidate the principles of passing off, focusing on reputation, misrepresentation, and damage.

Reasoning and Analysis of the Judge: The court recognized Exide’s century-long use of the red and white trade dress, which had become a prominent and integral feature of its brand identity in the automotive battery industry. The judge noted that Exide’s goodwill was not merely tied to the color red but to the overall trade dress, including the registered "EL" mark and the shattered "O" device, which collectively acted as source identifiers. The court found Amara Raja’s shift from a blue to a red trade dress for "ELITO" in India, without a credible explanation, to be a deliberate attempt to approximate Exide’s branding. The respondent’s affidavit, claiming feedback from an overseas distributor about the blue color’s lack of vibrancy, was deemed self-serving and contradictory, especially given Amara Raja’s continued use of blue batteries internationally. The court emphasized that Amara Raja’s choice of red, identical to Exide’s shade, alongside the use of "EL" and a similar shattered "O" device, indicated bad faith and intent to deceive.

The judge rejected Amara Raja’s argument that the color red was common in the industry, distinguishing cases like Britannia Industries Ltd. vs ITC Ltd., where the plaintiff’s use of the color was brief and lacked distinctiveness. The court highlighted that Exide’s consistent and prolonged use had created a strong association with its brand, distinguishable from smaller competitors’ use of red. The judge also considered the Indian market’s diverse consumer base, including less literate buyers, who might be confused by the visual similarities. Citing Satyam Infoway Ltd. vs Siffynet Solutions Pvt Ltd., the court inferred that Amara Raja’s actions were calculated to capitalize on Exide’s reputation, supported by actions such as removing incriminating online evidence during the hearing. The court clarified that while no monopoly over a single color was claimed, the cumulative effect of the trade dress similarities warranted protection to prevent consumer confusion and dilution of Exide’s brand equity.

Final Decision: The court granted an injunction in favor of Exide Industries Limited, restraining Amara Raja Energy and Mobility Limited from using the red trade dress, the "EL" mark, and the shattered "O" device for its "ELITO" product. The decision was based on the prima facie findings of deceptive similarity, bad faith, and likelihood of confusion. Amara Raja was initially given one month to comply with the order, but upon request, the court extended this period to two months. The interlocutory application was disposed of, with directions for an early hearing of the main suit to resolve the matter comprehensively.

Law Settled in This Case: This case reinforces the principles of passing off under Indian trademark law, particularly the application of the classic trinity test of reputation, misrepresentation, and damage. It clarifies that while a single color cannot be monopolized, a distinctive trade dress comprising a color scheme, specific marks, and design elements can acquire secondary meaning through long and consistent use, meriting protection. The judgment underscores the importance of intent in passing off cases, where a competitor’s deliberate adoption of a rival’s branding elements can tilt the scales in favor of finding deception. The decision aligns with Section 27 of the Trade Marks Act, 1999, affirming the common law remedy of passing off for unregistered marks and trade dress, emphasizing fairness in competition and the prevention of parasitic practices.

Case Title: Exide Industries Limited vs Amara Raja Energy and Mobility Limited

Date of Order: 24 July 2025

Case Number: IP-COM/18/2025

Name of Court: High Court at Calcutta

Name of Judge: Hon'ble Justice Ravi Krishan Kapur

Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Vijay Vs. Havells India Limited

Vijay Vs. Havells India Limited:July 14, 2025:CM(M)-IPD 29/2025 :2025:DHC:5771:Hon'ble Justice Shri Amit Bansal

Havells India Limited, the respondent/plaintiff, filed a commercial suit (CS(COMM) 294/2024) against Vijay, the petitioner/defendant, alleging trademark infringement through the unauthorized use of the "HAVVELS" trademark/trade name. On May 27, 2024, the Commercial Court issued an ex parte ad interim injunction restraining Vijay from using the trademark and appointed Local Commissioners, Mr. Chitra Gupt Dugar and Mr. Kunal Kumar, to inspect and seize infringing goods from Vijay’s premises at House No. 4/1888, Rama Block, Gali No. 3, Shahdara, Delhi-110032. The court authorized the Commissioners to visit additional premises if infringing goods were found, seize materials like packaging boxes and printing plates, and videograph the proceedings. Raids were conducted on June 1, 2024, and June 17, 2024, including at another property, House No. 4/1877, Rama Block, Gali No. 3, Shahdara, Delhi-110032, where infringing items were seized. The Commissioners filed their reports, and Vijay raised objections, alleging the raids were illegal and exceeded the court’s mandate.

Procedurally, Vijay filed an application under Order XVI Rule 1 and 6 of the CPC to summon Mr. Kunal Kumar, which was dismissed on May 31, 2025. A subsequent application under Order XXVI Rule 10 to examine both Commissioners was dismissed on June 5, 2025, prompting Vijay to file the present petition challenging the dismissal. The Commercial Court had framed an issue on March 7, 2025, questioning the legality of the raids conducted on June 1 and June 17, 2024.

The core dispute centered on Vijay’s claim that the Local Commissioners exceeded their authority by raiding unauthorized premises and that Mr. Kunal Kumar’s participation in the June 17 raid was improper, rendering it illegal. Vijay argued that examining the Commissioners was necessary to prove these violations, while Havells contended the raids were within the court’s mandate and Vijay’s applications were delay tactics.

The High Court reviewed the objections and found them meritless. The May 27, 2024, order explicitly allowed the Commissioners to inspect additional premises where infringing goods were suspected, justifying the raid on House No. 4/1877. The court clarified that Mr. Kunal Kumar accompanied Mr. Dugar at the latter’s request, negating claims of illegality. The court noted that procedural compliance, such as videography, was the plaintiff’s responsibility, not the Commissioners’. Citing Order XXVI Rule 10 of the CPC, the court emphasized that summoning Commissioners is discretionary and requires justification, which Vijay failed to provide, as his objections were already addressed by the Commercial Court on May 31, 2025.

The High Court dismissed Vijay’s petition, finding no grounds to justify examining the Commissioners, and disposed of the pending application.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi 

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Veerji Restaurant Pvt. Ltd. Vs. Yash Rai

Veerji Restaurant Pvt. Ltd. Vs. Yash Rai:July 8, 2025:CS(COMM) 662/2023:2025:DHC:5834: Hon'ble Mr. Justice Amit Bansal

The plaintiff, Veerji Restaurant Pvt. Ltd., a company incorporated on November 9, 2020, operates a leading restaurant chain under the trademark VEERJI MALAI CHAAP WALE, adopted in 2016 by its predecessor proprietorship. The mark, incorporating the Punjabi word "VEERJI" meaning brother, is used for food and restaurant services. 

The plaintiff runs approximately 70 branches across India, achieving significant sales, including Rs. 3,61,39,58,690/- in 2022-23, and promotes its business through its website, food delivery platforms like Zomato and Swiggy, and social media such as YouTube, Instagram, and Facebook. The plaintiff has invested heavily in advertising, spending Rs. 4,00,99,86,340/- in 2022-23, and engaged actor Vindu Dara Singh as its brand ambassador. The plaintiff holds multiple trademark registrations for VEERJI-formative marks and a copyright in the label's artistic work. 

In September 2023, the plaintiff discovered that defendants Yash Rai and others were using identical or deceptively similar marks, such as VEER JI MALAI CHAAP WALE and THE VEER JI MALAI CHAAP WALE, for their restaurant and food delivery businesses in locations including Bhopal, Delhi, Raipur, Haridwar, and Moradabad. Defendant no.1 also maintained an Instagram profile under VEERJI_LALGHATI, and defendants no.2 to 6 were listed on food delivery platforms.

Procedurally, the suit was filed seeking a permanent injunction against trademark and copyright infringement and passing off, along with damages and costs. On April 25, 2024, the plaintiff and defendants no.1 and 4 were referred for mediation, resulting in a settlement with defendant no.1 on July 22, 2024. Defendants no.2, 3, and 6 did not appear, and defendant no.4 ceased appearing after the mediation referral. None of these defendants filed a written statement or contested the plaintiff's allegations, despite an interim injunction against them. The plaintiff sought a summary judgment under Order XIIIA of the Code of Civil Procedure due to the defendants' non-participation.

The core dispute involved the defendants' unauthorized use of marks identical or deceptively similar to the plaintiff's VEERJI MALAI CHAAP WALE trademark in identical restaurant and food delivery services. The plaintiff argued that this use infringed its registered trademarks and copyright and constituted passing off by exploiting its goodwill and reputation, deceiving consumers.

The court found that the plaintiff established continuous use of its mark since 2016, supported by significant sales, extensive promotion, and trademark and copyright registrations, creating substantial goodwill. A comparison of the plaintiff's and defendants' marks showed the defendants' marks were identical or similar, used for identical services, and likely to deceive consumers. The defendants' failure to contest the suit or provide a defense indicated mala fide intent and no real prospect of successfully defending the claims. Citing Su-Kam Power Systems Ltd. v. Kunwer Sachdev, the court noted that summary judgment is appropriate in commercial disputes where defendants lack a realistic defense, and no compelling reason exists for a trial. The court also referenced M/s Inter Ikea Systems BV v. Imtiaz Ahamed to justify imposing damages and costs when defendants evade proceedings.

The court decreed the suit in favor of the plaintiff against defendants no.2 to 6, granting the injunctions sought in prayer clauses 73(a) to 73(i) of the plaint. Each of these defendants was ordered to pay Rs. 1,00,000/- in damages and costs, totaling Rs. 5,00,000/-. The plaintiff did not press for additional reliefs, and the court directed the preparation of a decree sheet, disposing of all pending applications.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi 

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

PUMA SE Vs. Himanshu Sharma

PUMA SE Vs. Himanshu Sharma:July 9, 2025:CS(COMM) 383/2021:2025:DHC:5585:Hon'ble Mr. Justice Saurabh Banerjee

The plaintiff, PUMA SE, a globally reputed company engaged in manufacturing and selling sports apparel and accessories, sought a permanent injunction, damages, and other reliefs against the defendant, Himanshu Sharma, for trademark infringement and passing off. PUMA SE has used its trademarks, including the word "PUMA" and its logo, since 1948, with registrations in India since 1983 under Classes 18 and 25 of the Trade Marks Act, 1999. 

The plaintiff's trademarks were declared well-known by the Trade Mark Registry in India on February 19, 2024. The defendant was involved in selling counterfeit shoes bearing PUMA's trademarks through the website "www.thesheskart.com." In July 2021, PUMA received customer complaints about substandard shoes purchased from the defendant's website, and investigations confirmed the products were counterfeit, infringing PUMA's intellectual property rights.

The court issued an interim order on August 18, 2021, restraining the defendant from using PUMA's trademarks and directing the suspension of the defendant's domain name and associated URLs. The defendant failed to appear or file a written statement despite being served summons by publication on January 7, 2024, leading to the closure of their right to file a written statement on February 6, 2025. PUMA moved an application under Order XIIIA read with Order VIII Rule 10 of the Code of Civil Procedure for a summary judgment due to the defendant's non-participation.

The core dispute centered on the defendant's unauthorized use of PUMA's registered and well-known trademarks on counterfeit products, sold through the same trade channels and targeting the same customers as PUMA. The plaintiff provided evidence, including an Analysis Report dated August 12, 2021, from its Brand Protection Manager, confirming the counterfeit nature of the defendant's products. The defendant's products were found to be blatant copies of PUMA's, replicating essential trademark elements without variation.

The court found that the defendant's failure to appear or contest PUMA's claims resulted in the plaintiff's averments and documents being deemed admitted. The court noted the defendant's mala fide intent to exploit PUMA's goodwill, as evidenced by their adoption of identical trademarks and operation in the same market. Citing precedents like Koninklijke Philips N.V. v. Amazestore and Jawed Ansari v. Louis Vuitton Malleiter, the court emphasized that counterfeiting is a serious commercial malpractice that deceives consumers and undermines established brands. The defendant's willful evasion of proceedings further supported a stringent approach to damages.

The court decreed the suit in favor of PUMA SE, granting the reliefs sought in prayer paragraphs (a), (b), (c), (d), and (g) of the plaint. The defendant was directed to pay actual costs of Rs. 5,90,000 and damages of Rs. 2,10,000, totaling Rs. 8,00,000, within ninety days, with an interest of 6% per annum if unpaid within that period. The suit was disposed of, and a decree sheet was ordered to be drawn up.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi 

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Products and Ideas (India) Pvt. Ltd. Vs Nilkamal Limited

Prior Use and Global Trademark Strategy

Introduction:  The case of Products and Ideas (India) Pvt. Ltd. Vs. Nilkamal Limited represents a significant legal battle in the realm of intellectual property law, specifically concerning trademark infringement and the principle of international exhaustion under the Trade Marks Act, 1999. The dispute centers around the use of the trademark "STELLADEXIN" and related marks, involving a plaintiff seeking to protect its registered trademark rights in India and defendants asserting prior use and authorization from the original trademark owner. This case study delves into the factual matrix, procedural developments, core legal issues, judicial reasoning, and the law settled by the High Court of New Delhi, offering insights into the complexities of trademark law in the context of international trade and agency agreements.

Factual Background:  The plaintiff, Products and Ideas (India) Pvt. Ltd., is an Indian company engaged in the sale of commercial kitchen and bakery equipment, including commercial induction cooktops marketed under the brand name "STELLADEXIN." The trademark "STELLADEXIN" was originally adopted by Stella Industrial Co. Ltd., a Chinese company established in 1983, specializing in electromagnetic household appliances. The plaintiff began its business relationship with Stella Industrial in 2015, entering into an Exclusive Agency Agreement on April 1, 2017, which appointed the plaintiff as the exclusive agent for distributing, selling, and promoting induction cookers under the "STELLA" brand in India. This agreement was renewed in 2018 for three years and again in 2022 for a five-year term ending March 31, 2027. The plaintiff successfully registered the "STELLADEXIN" trademark in India as a word mark in classes 7, 9, and 11, and also applied for registration of the "STELLA" mark, which faced objections from the Trade Marks Registry. Additionally, the plaintiff obtained copyright registration for the artistic representation of the mark.

The defendant, Nilkamal Limited, along with other parties including Stella Industrial (defendant no. 5), contested the plaintiff’s claims. Stella Industrial, as the original equipment manufacturer (OEM), had been supplying products to the plaintiff under the agency agreements. However, it was also selling products bearing the "STELLA" marks in India through other entities, including M/s Mittal International since 2013, predating the plaintiff’s use and registration. Defendant no. 2, another importer of Stella Industrial’s products, was authorized to distribute these products in India through a verified arrangement facilitated by Ningbo Asgun Electronics Co., Ltd., supported by letters dated March 5, 2024, and June 5, 2024. The plaintiff alleged that the defendants’ use of the "STELLA" mark, which it claimed was deceptively similar to "STELLADEXIN," constituted trademark infringement.

Procedural Background: The case, filed as CS(COMM) 715/2024, was brought before the High Court of New Delhi, with several interim applications (I.A. 37339/2024, I.A. 41504/2024, I.A. 49076/2024) under Order XXXIX of the Code of Civil Procedure, 1908. The plaintiff sought interim injunctions under Rules 1 and 2 to restrain the defendants from using the "STELLA" marks, while defendant no. 2 sought to vacate an ex parte ad interim injunction order dated August 27, 2024, under Rule 4. Hearings were conducted on October 25, 2024, October 28, 2024, March 25, 2025, April 15, 2025, and May 13, 2025, with the judgment reserved on the last date. The plaintiff’s counsel, led by Mr. J. Sai Deepak, argued for the protection of its registered trademark rights, while the defendants, represented by Mr. Arvind Nigam and others, defended their use based on prior adoption and authorization by Stella Industrial.

Core Dispute: The central issue in this case was whether the defendants’ use of the "STELLA" marks constituted trademark infringement under the Trade Marks Act, 1999, given the plaintiff’s registered trademark "STELLADEXIN" and its claim of exclusive rights in India. The plaintiff argued that it had been authorized by Stella Industrial to use and register the "STELLADEXIN" mark, and that the defendants’ use of similar marks infringed its rights. Conversely, the defendants contended that Stella Industrial, as the original owner and prior user of the "STELLA" marks since 2002 in China and 2013 in India, held superior rights under Section 34 of the Act, which protects prior users. Additionally, defendant no. 2 asserted that it was an authorized reseller of Stella Industrial’s genuine products, and thus its actions did not amount to infringement, invoking the principle of international exhaustion under Section 30(3).

Discussion on Judgments:The court’s analysis referenced two significant judgments cited by the defendants to support their position on international exhaustion and prior use. The first was Kapil Wadhwa v. Samsung Electronics Co. Ltd. (2012:DHC:616:DBB), decided by a Division Bench of the Delhi High Court. In this case, the court recognized the principle of international exhaustion under Section 30(3) of the Trade Marks Act, holding that the import and resale of genuine goods bearing a trademark by an authorized reseller does not constitute infringement, as the trademark rights are exhausted once the goods are lawfully placed in the market anywhere in the world. This precedent was directly relevant to the defendants’ argument that their importation and sale of Stella Industrial’s genuine products in India, with proper authorization, did not infringe the plaintiff’s trademark rights.

The second judgment cited was Seagate Technology LLC v. Daiichi International (2024:DHC:4193), decided by a Coordinate Bench of the Delhi High Court. This case reaffirmed the principles laid down in Kapil Wadhwa, emphasizing that the resale of genuine products by an authorized importer does not violate the trademark owner’s rights under the principle of exhaustion. The defendants relied on this judgment to argue that defendant no. 2’s activities as an authorized reseller of Stella Industrial’s products were protected under the law. These judgments provided a robust legal foundation for the defendants’ defense, highlighting the significance of prior use and the legitimacy of importing genuine goods in trademark disputes.

Reasoning and Analysis of the Judge: The court noted that Stella Industrial (defendant no. 5) was the prior adopter and user of the "STELLA" marks in China since 2002 and in India since 2013 through M/s Mittal International, as evidenced by invoices. This predated the plaintiff’s use of the mark in 2015 and its trademark registrations in India. Under Section 34 of the Trade Marks Act, a prior continuous user of a trademark is protected against infringement claims, even by a subsequent registered proprietor. The court found that Stella Industrial’s prior use in India established its rights over the "STELLA" marks, rendering the plaintiff’s infringement claim untenable.

Furthermore, the court examined the relationship between the parties. The plaintiff and defendant no. 2 were both resellers of Stella Industrial’s products, importing and selling them in India. The court observed that defendant no. 2’s activities were authorized by Stella Industrial through documented arrangements, as evidenced by letters dated March 5, 2024, and June 5, 2024. The termination of the plaintiff’s Exclusive Agency Agreement on November 13, 2024, further weakened its claim to exclusivity. Applying the principle of international exhaustion under Section 30(3), the court held that the import and sale of genuine products by an authorized reseller, such as defendant no. 2, did not constitute infringement, as the goods were original and sourced from Stella Industrial.

The court also considered the balance of convenience, concluding that granting an interim injunction would unfairly restrict the defendants’ lawful use of the "STELLA" marks, which had been in use since 2013, while creating a monopoly for the plaintiff, who was merely an importer. The plaintiff failed to establish a prima facie case for an injunction, as its rights were subordinate to those of Stella Industrial, the prior user and original proprietor.

Final Decision: The High Court of New Delhi, in its judgment reserved on May 13, 2025, vacated the ex parte ad interim injunction order dated August 27, 2024. The court allowed I.A. 41504/2024, filed by defendant no. 2 to vacate the injunction, and dismissed I.A. 37339/2024 and I.A. 49076/2024, filed by the plaintiff for interim relief. The defendants were permitted to sell goods under the marks "STELLA," "STELLADEXIN," and related marks in India. The court clarified that its observations were limited to the adjudication of the interim applications and would not influence the final outcome of the suit. The matter was listed for further proceedings before the Joint Registrar on August 11, 2025.

Law Settled in This Case:  This case reinforces the principle of prior use under Section 34 of the Trade Marks Act, 1999, affirming that a continuous prior user of a trademark holds superior rights over a subsequent registered proprietor. It also underscores the application of international exhaustion under Section 30(3), which protects the import and resale of genuine goods bearing a trademark by authorized resellers, provided the goods are lawfully placed in the market. The judgment clarifies that trademark infringement claims cannot succeed against authorized resellers dealing in original products, particularly when the original proprietor has prior use. This decision aligns with established precedents and strengthens the legal framework governing trademark rights in the context of international trade and agency agreements.

Case Title: Products and Ideas (India) Pvt. Ltd. Vs. Nilkamal Limited and Ors

Date of Order: May 13, 2025

Case Number: CS(COMM) 715/2024

Neutral Citation: 2025:DHC:5052

Name of Court: High Court of New Delhi

Name of Judge: Hon'ble Justice Shri Amit Bansal

Disclaimer:  The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Mohsin Dehlvi Vs Sh. Masood Umar

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.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Western Digital Technologies, Inc. Vs. Hansraj Dugar

Introduction: This case revolves around the enforcement of trademark rights under the Trade Marks Act, 1999, in the context of the international exhaustion principle. It concerns the importation of hard disk drives (HDDs) bearing the registered trademarks of Western Digital by the defendant, Hansraj Dugar, who was importing second-hand goods from overseas Original Equipment Manufacturers (OEMs). The plaintiffs sought an injunction against such imports, claiming infringement of their registered trademarks. The Court was called upon to adjudicate whether such imports of second-hand genuine goods violated trademark rights or were protected under the principle of international exhaustion embedded in Section 30 of the Trade Marks Act.

Detailed Factual Background: Western Digital Technologies Inc. and its subsidiary, Western Digital UK Ltd., collectively referred to as the plaintiffs, are globally recognized manufacturers of data storage solutions, including HDDs, solid-state drives (SSDs), routers, software, and other digital storage devices. They have used the trademark “WESTERN DIGITAL” since 1997 and “WD” since 1999. The trademarks are registered in India under Class 9, and the plaintiffs own multiple domain names reflecting these marks.

The plaintiffs discovered that the defendant, Hansraj Dugar, operating through his sole proprietorship M/s Supreme Enterprise, had imported a large quantity of hard disk drives into India bearing the plaintiffs’ trademarks without authorization. The goods were intercepted by the Customs Department in Kolkata in September 2019 under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. Upon investigation and sample testing, it was found that the drives were second-hand, with some being damaged or unreadable. The plaintiffs claimed that such goods, when sold as new or genuine products under their mark, would mislead consumers and tarnish their goodwill.

Detailed Procedural Background: The plaintiffs filed CS(COMM) 586/2019 before the Delhi High Court seeking a permanent injunction, damages, and other reliefs. On 21 October 2019, the Court passed an ex parte ad interim injunction, restraining the defendant from importing or dealing in goods bearing the marks “WESTERN DIGITAL” and “WD.” A Local Commissioner was appointed to inventory the seized goods, which amounted to around 7500 HDDs, and placed them in the notional custody of Customs Authorities.

Subsequently, the matter was referred to mediation but remained unresolved. In 2024, the defendant filed I.A. 38495/2024 seeking vacation of the injunction order, citing a significant change in law based on the judgment of the Delhi High Court in Seagate Technology LLC v. Daichi International, 2024:DHC:4193. This application was heard and decided along with the plaintiffs’ earlier interim application I.A. 14659/2019.

Issues Involved in the Case:The primary issue was whether the import of second-hand genuine goods bearing registered trademarks amounts to infringement under Section 29(6) of the Trade Marks Act, 1999, or is exempt under the principle of international exhaustion provided under Section 30(3) and 30(4) of the Act. Another issue was whether the defendant, having not sold the goods in India, could be held liable for misrepresentation and infringement, and whether the disclosure norms laid down in previous precedents were applicable to such imports.

Detailed Submission of Parties:Counsel for the plaintiffs argued that the HDDs imported by the defendant were used, non-functional, and not authorized for retail sale, having been tailored for specific OEMs abroad. They contended that selling these as “new and unused” would amount to consumer deception and dilute the plaintiffs’ brand reputation. It was submitted that the importation without full disclosure of their second-hand status violated the Trade Marks Act, particularly Sections 29(6) and 30(4), and relied on the judgment in Kapil Wadhwa v. Samsung Electronics Co. Ltd., 2012:DHC:6136:DB, to argue that impairment of goods post-sale negates the protection of international exhaustion. The plaintiffs distinguished Daichi International on the ground that the defendants therein were resellers, not importers.

The defendant’s counsel submitted that the HDDs were genuine products lawfully purchased from OEMs abroad and were never tampered with or rebranded. They relied heavily on the judgment in Seagate Technology LLC v. Daichi International, 2024:DHC:4193, arguing that the principle of international exhaustion protects the right to import and sell genuine goods, including second-hand and refurbished items, provided full disclosure is made. They emphasized that the goods in question never reached the market due to seizure and that no misrepresentation had occurred. The defendant expressed willingness to comply with disclosure norms laid down in Xerox Corporation v. Shailesh Patel, CS(OS) 2349/2006.

Detailed Discussion on Judgments Cited:The Court discussed the landmark judgment in Kapil Wadhwa v. Samsung Electronics Co. Ltd., 2012:DHC:6136:DB, where the Division Bench held that India follows the principle of international exhaustion. It was ruled that import and resale of genuine goods do not amount to trademark infringement unless the condition of the goods is impaired. The Court emphasized that full disclosure by the importer regarding warranty and servicing is critical to prevent consumer confusion.

In Seagate Technology LLC v. Daichi International, 2024:DHC:4193, the Court extended the rationale of Kapil Wadhwa to cases involving refurbished goods. It held that refurbished HDDs can be sold in India if the seller clearly discloses that they are used products, not covered by the original manufacturer’s warranty, and that the refurbishment was done independently. The Court recognized no statutory bar against importing discarded electronic goods.

Further, the Court referred to the consensual directions in Xerox Corporation v. Shailesh Patel, CS(OS) 2349/2006, where the defendant was allowed to sell imported second-hand Xerox machines with proper disclosures regarding their status, warranty, and source. These standards of disclosure were acknowledged as being in harmony with Kapil Wadhwa and relevant to the present case.

Detailed Reasoning and Analysis of Judge:The Court after a detailed examination of the statutory framework and judicial precedents, concluded that the principle of international exhaustion permits the import and sale of genuine trademarked goods, including second-hand or refurbished ones, so long as their condition is not impaired, and full disclosure is made. The Court rejected the plaintiffs’ contention that mere import without consent constitutes infringement under Section 29(6), noting that such a view is counterbalanced by Section 30(3), which allows lawful acquisition and resale. Since the HDDs in question had not been released into the Indian market and no misrepresentation had occurred, the defendant could not be held liable for infringement.

The Court also clarified that the applicability of the Daichi judgment was not limited to resellers alone, as the defendants in that case included importers. Furthermore, in the absence of any law prohibiting the import of second-hand HDDs, the plaintiffs could not assert exclusive control post-exhaustion. The Court acknowledged that the defendant had acted reasonably and showed willingness to comply with disclosure requirements.

Final Decision: The Court permitted the release of the seized HDDs to the defendant, subject to the condition that they be sold only as scrap after removal of the plaintiffs’ marks. For future imports, the defendant was directed to comply with the disclosure norms laid down in Xerox Corporation v. Shailesh Patel if sold without refurbishment, and with the guidelines in paragraph 116 of Daichi if the goods are refurbished. The applications were disposed of accordingly, with the suit listed for further proceedings.

Law Settled in this Case: The judgment reinforces that under Section 30(3) of the Trade Marks Act, import of genuine goods by third parties is permissible in India under the principle of international exhaustion. There is no infringement under Section 29(6) if the goods are lawfully acquired and no impairment or misrepresentation occurs. Disclosure of the product’s refurbished status, lack of manufacturer’s warranty, and independent service responsibility is essential. The ruling harmonizes judicial precedents and aligns domestic trademark law with global exhaustion doctrines, ensuring consumer protection while balancing trademark proprietors' rights.

Case Title: Western Digital Technologies Inc. & Anr. v. Hansraj Dugar:Date of Order: 16 May 2025:Case No.: CS(COMM) 586/2019:Neutral Citation: 2025:DHC:3844:Name of Court: High Court of Delhi:Name of Judge: Hon’ble Mr. Justice Amit Bansal

Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

F. Hoffmann-La Roche AG & Anr. Vs. Zydus Lifesciences Limited

Section 104A of Patent Act 1970 and Disclosure Challenges in Biologic Patent Litigation

Introduction: The case of F. Hoffmann-La Roche AG & Anr. versus Zydus Lifesciences Limited represents a significant patent infringement dispute in the realm of biological drugs, specifically concerning the monoclonal antibody Pertuzumab, used in treating breast cancer. 

This case, adjudicated by the High Court of Delhi, centers on the plaintiffs’ attempt to protect two Indian patents related to Pertuzumab’s formulation and manufacturing process against alleged infringement by the defendant’s similar biologic product. The core issue revolves around the plaintiffs’ application for the constitution of a confidentiality club to access the defendant’s manufacturing process, invoking provisions of the Patents Act, 1970, and the Commercial Courts Act, 2015. 

Factual Background: The plaintiffs, F. Hoffmann-La Roche AG and its affiliate, hold two Indian patents relevant to this dispute. The first, Indian Patent No. IN 268632, titled “Pharmaceutical Formulation Comprising HER2 Antibody,” is a product patent covering an aqueous pharmaceutical formulation of Pertuzumab with specific excipients, including sucrose and a histidine acetate buffer, maintaining a pH between 5.5 and 6.5. The second, Indian Patent No. IN 464646, titled “Pertuzumab Variants and Evaluation Thereof,” is a process patent detailing a method for producing a composition comprising Pertuzumab and its variants, such as unpaired cysteine variants and low- or high-molecular-weight species. These patents underpin the plaintiffs’ commercial product, Perjeta, a prescription medicine approved in the United States in 2012 and India in 2014 for treating early-stage and metastatic breast cancer by inhibiting HER2 receptor dimerization. 

The defendant, Zydus Lifesciences Limited, an Indian pharmaceutical company, sought regulatory approval from the Central Drugs Standard Control Organization (CDSCO) to manufacture and sell a similar biologic, ZRC-3277, using the plaintiffs’ Perjeta as the reference biologic in its clinical trial application filed on September 9, 2021. 

The plaintiffs, upon discovering this through CDSCO’s Subject Expert Committee recommendations in January 2024 and a Clinical Trial Registry of India document, filed a quia timet suit, apprehending that the defendant’s product would infringe their patents. The defendant countered that Pertuzumab itself is not patented, as it was disclosed in prior art (WO/2001/00245) and that their product, using an arginine citrate buffer, differs from the plaintiffs’ formulation and process.

Procedural Background: The suit, filed as CS(COMM) 159/2024, was accompanied by multiple interlocutory applications, including I.A. 4196/2024 and I.A. 33509/2024 for interim injunctions, and I.A. 5827/2024, the focus of this case study, seeking the constitution of a confidentiality club to access the defendant’s manufacturing process. Summons and notice were issued on February 23, 2024, when the court directed the plaintiffs to conduct claim mapping for the product patent (IN 632) against the defendant’s patent application. 

The defendant filed its manufacturing process under a sealed cover on March 22, 2024. The plaintiffs’ application for interim injunction (I.A. 33509/2024) was dismissed on October 9, 2024, but this was overturned by a division bench on October 16, 2024, remanding the matter back to the single judge. The defendant challenged this via a Special Leave Petition before the Supreme Court, leading to the lapse of an ad interim injunction on November 21, 2024. The plaintiffs subsequently chose not to press the interim injunction applications, focusing instead on I.A. 5827/2024. 

Core Dispute:The central issue in this case was whether the plaintiffs were entitled to access the defendant’s manufacturing process for their similar biologic, ZRC-3277, through a confidentiality club to determine if it infringed the plaintiffs’ process patent (IN 646)? The plaintiffs argued that the defendant’s designation of Perjeta as the reference biologic in its CDSCO application implied that their product and process were substantially similar, necessitating disclosure to map the claims of IN 646. They contended that Section 104A of the Patents Act, which shifts the burden of proof in process patent infringement cases, was inapplicable at this stage and that discovery provisions under the Commercial Courts Act, 2015, should govern. 

The defendant countered that Section 104A’s prerequisites—proving that the products are identical and that the patented process likely produces the defendant’s product—must be met before disclosure could be ordered. They argued that their product, a similar biologic, was not identical to the plaintiffs’ product (Pertuzumab plus variants) and that their process, using a different buffer, did not infringe IN 646. The dispute thus hinged on the interpretation of Section 104A, the nature of biologics, and the balance between discovery rights and proprietary protections.

Discussion on Judgments: Several judgments were cited by the parties to support their positions, each contextualized within the arguments over disclosure and Section 104A’s applicability. 

The plaintiffs relied on F. Hoffmann-La Roche v. Drugs Controller General of India (2025 SCC OnLine Del 934), where a coordinate bench allowed discovery under the Commercial Courts Act, 2015, noting that Section 104A was irrelevant because the patents in that case had expired. The court in the present case distinguished this, emphasizing that IN 646 was valid, making Section 104A applicable. The plaintiffs also referenced Roche Products v. Drugs Controller General of India (2016 SCC OnLine Del 2358), which clarified that biologics cannot be identical due to their synthesis by living organisms, arguing that Section 104A’s “identical product” requirement was impractical for biologics. The court rejected this, noting that the 2016 case did not address Section 104A directly. 

The defendant cited Natural Remedies Pvt. Ltd. v. Indian Herbs Research and Supply Co. Ltd. (O.S. No. 1 of 2004, Karnataka High Court, dated December 9, 2011), where the court held that Section 104A requires proof of identical products before compelling disclosure, and disclosure is not warranted at the pleading or evidence stage unless the patent’s validity and product identity are established. The court in the present case endorsed this, applying it to deny premature disclosure. The defendant also relied on Bristol-Myers (unspecified citation, referenced in the context of an interim injunction appeal), which supported the application of Section 104A at interlocutory stages, reinforcing the need for plaintiffs to meet statutory thresholds. Additionally, the defendant cited Telefoniaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India , which established that the Patents Act, as a special statute, prevails over general laws like the Commercial Courts Act, supporting the primacy of Section 104A. Finally, the defendant referenced Pfizer Ireland Pharmaceuticals v. Samsung Bioepis (MANU/AUF/0847/2017, Federal Court of Australia), which held that similarity in biologics does not imply identical processes, bolstering their argument that their similar biologic did not necessarily infringe IN 646.

Reasoning and Analysis of the Judge : Court focused on the applicability and scope of Section 104A of the Patents Act, which allows courts to shift the burden of proof to the defendant in process patent infringement suits if the plaintiff proves that the defendant’s product is identical to the product of the patented process and that the process is either novel or substantially likely to have been used. The court emphasized that Section 104A is a statutory exception to the general evidentiary principle that the plaintiff bears the burden of proof, but it is not automatic and requires fulfilling specific conditions. 

The court rejected the plaintiffs’ argument that Section 104A applies only at the final adjudication stage, citing Natural Remedies and Bristol-Myers to affirm its relevance at interlocutory stages. The court further held that disclosure of the defendant’s process is integral to Section 104A, as sub-section (2) explicitly protects against unreasonable disclosure of trade secrets, indicating that disclosure requests fall within its ambit. 

The plaintiffs’ reliance on the Commercial Courts Act’s discovery provisions (Order XI Rules 1(7), 1(12), and 5) was dismissed, as the court, citing Ericsson, ruled that the Patents Act, as a special statute, prevails over general laws. Regarding biologics, the court acknowledged the plaintiffs’ argument, supported by Roche Products, that biologics cannot be identical due to their complex synthesis, but held that Section 104A’s “identical product” requirement is a deliberate legislative choice that cannot be diluted. The court analyzed the Guidelines on Similar Biologics, 2016, noting that a similar biologic requires only comparable safety, efficacy, and quality, not identical processes, and cited Pfizer to reinforce that similarity does not imply process infringement. 

The court found that the plaintiffs failed to prove that the defendant’s product, ZRC-3277, was identical to the product of IN 646 (Pertuzumab plus variants), as the defendant’s CDSCO application referenced Perjeta, which the plaintiffs admitted was prior art, not the patented composition. The plaintiffs’ claim mapping for IN 632 showed differences (arginine citrate vs. histidine acetate buffer), further undermining their case. Thus, the court concluded that the plaintiffs did not meet Section 104A’s prerequisites, precluding disclosure.

Final Decision: The court dismissed the plaintiffs’ application (I.A. 5827/2024) for the constitution of a confidentiality club and disclosure of the defendant’s manufacturing process, finding no merit in the request. The court clarified that its observations were limited to the application and would not affect the suit’s final adjudication. 

Law Settled in This Case:This case clarifies several aspects of patent law in India, particularly for process patents involving biologics. It establishes that Section 104A of the Patents Act governs disclosure requests in process patent infringement suits, requiring plaintiffs to prove that the defendant’s product is identical to the product of the patented process before compelling disclosure. The court affirmed that this requirement applies at both interlocutory and final stages, rejecting arguments that it is limited to final adjudication. The decision underscores that the Patents Act, as a special statute, prevails over general discovery provisions under the Commercial Courts Act, 2015. For biologics, the court held that the statutory threshold of “identical product” under Section 104A cannot be relaxed to “similar” despite the scientific variability of biologics, preserving the legislature’s intent. The case also highlights that regulatory filings citing a reference biologic do not automatically indicate process infringement, as similar biologics may employ different manufacturing processes.

Case Title: F. Hoffmann-La Roche AG & Anr. versus Zydus Lifesciences Limited 

Date of Order: July 23, 2025 

Case Number: CS(COMM) 159/2024 

Neutral Citation: 2025:DHC:5927: 

Name of Court: High Court of Delhi at New Delhi 

Name of Judge: Honourable Mr. Justice Amit Bansal

Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Chemo Healthcare Private Limited Vs. Examiner of Trademarks

Case Title: Chemo Healthcare Private Limited Vs. Examiner of Trademarks & Anr Date of Order: July 18, 2025 Case Number: R/Civil Appeal No. 142/2023 :Name of Court: High Court of Gujarat at Ahmedabad Name of Judge: Honourable Mrs. Justice Mauna M. Bhatt

Chemo Healthcare Private Limited applied for registration of the trademark 'VILDAZE' under Section 18(1) of the Trade Marks Act, 1999, for goods in Class 5, claiming use since December 12, 2019. 

The Examiner of Trade Marks issued a report raising objections under Section 11(1), citing three similar trademarks: 'VILDAZEN' (application no. 4362225, proposed to be used), 'VILDAZEN-MET' (application no. 4362262, proposed to be used), and 'VILDAZEM' (application no. 4492412, claimed use since February 29, 2020). 

The appellant responded, arguing that 'VILDAZE' was distinctive, in use since 2019 without litigation, and that prior use prevailed over the cited marks, which were either proposed or later in use. The Examiner rejected the application on May 23, 2023. 

The appellant challenged this rejection in the High Court of Gujarat under Section 91 of the Act. The court noted that Section 20 allows advertisement of a trademark despite Section 11(1) objections. Finding merit in the appellant's submissions, the court quashed the Examiner's order, directed the Trade Mark Registry to advertise the 'VILDAZE' application within three months, and stated that any opposition would be decided on its merits. The appeal was disposed of, with a copy of the order to be sent to the Trade Mark Registry.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Bhalla Sports Pvt. Ltd. Vs. Ashutosh Bhalla

Case Title: Bhalla Sports Pvt. Ltd. Vs. Ashutosh Bhalla & Anr Date of Order: July 3, 2025 Case Number: C.O. (COMM.IPD-TM) 327/2022 Neutral Citation: 2025:DHC:5309 Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Mr. Justice Saurabh Banerjee

Bhalla Sports Pvt. Ltd., a company incorporated in 1988, engaged in manufacturing and marketing sports goods, adopted the trademark 'SOFT TOUCH' in 2001 and applied for its registration in 2009, claiming usage since August 7, 2001. The company invested significantly in promoting the trademark, earning substantial profits and a strong reputation. 

The respondent, Ashutosh Bhalla, Director of Vinex Enterprises Pvt. Ltd., incorporated in 2003, registered the trademark 'SOFT-TOUCH' in 2009, claiming usage from January 9, 2003. Bhalla Sports filed a rectification petition to cancel the respondent's trademark, initially before the Intellectual Property Appellate Board, which was transferred to the Delhi High Court after the Board's abolition. 

The respondents, despite being served, did not appear or file replies, leading to their right to respond being closed, and they were proceeded ex parte. The petitioner argued prior use of 'SOFT TOUCH' since 2001, alleging the respondent's registration was fraudulent and in bad faith, as it was aware of the petitioner's prior market presence. 

The petitioner claimed the respondent's mark was identical or deceptively similar, violating Sections 9, 11, 47, and 57 of the Trade Marks Act, 1999. The court found the petitioner's claims unopposed, supported by documents like invoices and brochures proving prior use. 

The court held that the petitioner's prior use granted superior rights over the respondent's later registration, citing precedent from Neon Laboratories Ltd. v. Medical Technologies Ltd. The respondent's non-appearance suggested bad faith, constituting unfair practice. 

The court allowed the petition, directing the Registrar of Trade Marks to cancel the respondent's 'SOFT-TOUCH' trademark (application no. 1796255, Class 28) and remove it from the Register. The petition was disposed of, with an order for the Registrar to comply.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi 

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Sonu Nigam Vs. Sonu Nigam Singh

Sonu Nigam Vs. Sonu Nigam Singh & Ors.:11.07.2025:COMM IPR SUIT (L) NO.20577 OF 2025: High Court of Bomaby:Hon’ble Mr. Justice R.I. Chagla H.J.

The plaintiff, Sonu Nigam, a well-known and acclaimed singer with a successful career spanning over three decades, approached the court seeking protection against unauthorized use of his name and persona by the defendants. He submitted that the defendant no.1, whose legal name is Sonu Nigam Singh, was misusing the name "Sonu Nigam" professionally for performance and promotional purposes. The plaintiff emphasized that his name has acquired distinctiveness and is synonymous with his identity and goodwill, thus qualifying for protection under the principles of personality rights and passing off.

The plaintiff stated that despite his legal name, defendant no.1’s adoption and commercial use of the name “Sonu Nigam” was deceptive, amounting to a misrepresentation that misled the public into believing an association with the plaintiff. It was also alleged that the defendants were profiting from the plaintiff’s long-established goodwill. The plaintiff had issued a cease-and-desist notice , but the defendants failed to comply. As a result, the plaintiff initiated a suit seeking a permanent injunction and related reliefs for violation of personality rights, passing off, and misappropriation of identity.

It noted that the defendant no.1, despite bearing the legal name “Sonu Nigam Singh”, was intentionally using only the name “Sonu Nigam” for promotional and professional activities to benefit from the plaintiff’s fame. The court emphasized that every individual has an exclusive right to their personality, including control over the commercial use of their name, likeness, and reputation. The court was of the view that a mere legal coincidence of names does not justify misleading the public, especially in a professional context where confusion is likely.

The court held that the plaintiff had made out a strong prima facie case and that irreparable harm would be caused if the defendants were not restrained. It confirmed the interim injunction previously granted and directed the defendants to refrain from using the name “Sonu Nigam” or any variant thereof in a manner that creates confusion or suggests association with the plaintiff. The matter was posted for further proceedings.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Play Games 24X7 Private Limited Vs. WWW10XBETTCOM

Play Games 24X7 Private Limited Vs. WWW10XBETTCOM & Ors.:10.07.2025: CS(COMM) 657/2024:High Court of Delhi:Hon’ble Mr. Justice Saurabh Banerjee

The plaintiff, Play Games 24X7 Private Limited, is the registered proprietor of the trademark “MY11CIRCLE”, a well-known online fantasy sports gaming platform. The plaintiff had earlier secured an ex parte ad interim injunction on 07.08.2024 against 14 rogue websites engaged in infringing its trademark. The present order pertains to the plaintiff’s fresh application for impleadment of newly discovered infringing entities and for extending the earlier injunction to them.

After the earlier injunction, the plaintiff discovered that several new websites were unlawfully using its trademark “MY11CIRCLE” to lure users via dummy webpages, redirecting them to illegal betting platforms. The plaintiff therefore filed an application to implead new defendants, including additional rogue websites, domain name registrars (DNRs), and intermediaries, and sought extension of injunctive relief.

The court allowed the impleadment of Defendant Nos. 28 to 35, noting that some were running deceptive websites, others were using the plaintiff’s trademark in domain names, and the rest were domain name registrars of such infringing entities. It was found that the defendants had replicated the plaintiff’s mark and online identity to mislead users into believing in an association with the plaintiff’s brand, thereby promoting illegal betting services.

Given the seriousness of the plaintiff’s grievance and the public interest concerns involved, the court extended the original injunction order dated 07.08.2024 to cover the newly impleaded defendants. It restrained Defendant Nos. 28 to 32 from using the mark “MY11CIRCLE” or any deceptively similar trademark or domain name. 

Additionally, Defendant Nos. 33 to 35, being DNRs, were directed to block and suspend the infringing domains and to disclose subscriber and account registration details in a sealed cover. Internet intermediaries were also directed to immediately block access to the infringing websites, including any other John Doe entities misusing the plaintiff’s mark.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

M and B Engineering Ltd. Vs. Laxman D. Nagare DBA Swaraj Roofing Solutions:

M and B Engineering Ltd. Vs. Laxman D. Nagare DBA Swaraj Roofing Solutions: 17.07.2025: CS(COMM) 495/2025: High Court of Delhi:Hon’ble Mr. Justice Saurabh Banerjee

The plaintiff, M and B Engineering Limited, is a company engaged in the business of manufacturing and selling various roofing products across India and globally since 2001. The plaintiff is the proprietor of the trademark ‘PROFLEX’ and its associated label marks, holding multiple registrations in Class 19 and claiming copyright over the associated trade dress. The plaintiff promotes its products through its official website and third-party platforms, and its trademarks have acquired considerable goodwill and reputation.

The plaintiff discovered in early 2023 that Defendant No. 1, Mr. Laxman D. Nagare, was using the mark ‘Proflex Roofing System’ in relation to similar roofing products. A cease-and-desist notice was issued on 18.12.2023, followed by a reminder on 27.03.2024. Although Defendant No. 1 assured discontinuation of use, the plaintiff found that the infringing usage resumed in April 2025 through the defendant’s website and e-commerce platforms operated by Defendant Nos. 2 and 3.

The plaintiff filed the suit seeking permanent injunction, damages, and other reliefs for infringement, passing off, and copyright violation. The court noted that the impugned mark adopted by Defendant No. 1 prominently used the word ‘PROFLEX’, a coined term already registered in the name of the plaintiff. The addition of the words ‘Roofing System’ was found to be insufficient to distinguish the infringing mark from the plaintiff’s trademarks. The court observed that the defendants were operating in the same industry, through similar trade channels, and targeting the same customer base, thereby enhancing the likelihood of confusion.

The court found that Defendant No. 1’s actions appeared to be aimed at exploiting the goodwill associated with the plaintiff’s trademarks. The similarity was so close that an average consumer with imperfect recollection could easily be misled. It was also considered that the continued unauthorized use would result in irreparable harm to the plaintiff and deceive the public.

The court concluded that the plaintiff had established a prima facie case and granted an ad interim ex parte injunction restraining Defendant No. 1 from manufacturing, marketing, selling, or advertising any roofing products using the mark ‘PROFLEX’ or any deceptively similar mark. 

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

G4S Limited Vs G S 4 Security Management Pvt. Ltd.

G4S Limited Vs  G S 4 Security Management Pvt. Ltd.: 15.07.2025: CS(COMM) 698/2025: High Court of Delhi:Saurabh Banerjee, H.J.

The plaintiffs, G4S Limited and its Indian affiliate, filed a commercial suit before the High Court of Delhi seeking permanent injunction, passing off, declaration of their trademark as a well-known mark, rectification of the defendants’ tradename, and damages. The plaintiffs are globally recognized providers of integrated security services and have been operating under the trademark “G4S” and its stylized forms since 1989. Their registrations cover multiple classes including Classes 9, 35, 37, 38, 39, and 42, and they operate websites under the domains www.g4s.com and https://www.g4s.com/en-in.

The plaintiffs became aware in March 2025 that the defendants were offering identical security services under the deceptively similar mark “GS4” and the tradename “G S 4 Security Management Private Limited”. The defendants were also operating a domain name www.gs4security.in and actively promoting themselves on social media using the impugned mark. Despite a cease-and-desist notice issued on 17.04.2025, the defendants refused to comply and continued their infringing activities.

The plaintiffs alleged that the defendants had adopted the mark “GS4” by merely rearranging the characters in “G4S”, and used similar font, color, and style in an effort to mislead the public and trade into believing an association with the plaintiffs. The mark “G4S” being coined, distinct and globally reputed, any such mimicry posed a serious risk of deception and confusion among consumers, especially since the services concerned public safety and security.

Upon hearing the plaintiffs, the court noted that the impugned mark “GS4” was structurally, phonetically, and visually similar to “G4S”. The court further observed that such minimal modifications were hardly noticeable to an average consumer with imperfect recollection, and that the defendants had attempted to come deceptively close to the plaintiffs' well-known brand. The court underscored the significance of preventing public confusion in services related to security, where trust in the brand is paramount.

The court held that the plaintiffs had made out a prima facie case and that the balance of convenience lay in their favour. In view of the potential irreparable harm to the plaintiffs and the risk of public deception, the court granted an ex parte ad interim injunction restraining the defendants from using the impugned mark or any deceptively similar mark in connection with their security services until the next date of hearing.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Dr. Reddy's Lab Ltd. Vs. Ms. Sarita Trading as Vensia Herbals

Dr. Reddy's Lab Ltd. Vs. Ms. Sarita Trading as Vensia Herbals :10.07.2025:CS(COMM) 678/2025: High Court of Delhi:Saurabh Banerjee,H.J.

The plaintiff, Dr. Reddy’s Laboratories Limited, a well-established pharmaceutical and cosmetic products manufacturer incorporated in 1985, filed a suit seeking permanent injunction and other reliefs including passing off, dilution, tarnishment, damages, rendition of accounts, and delivery up against Ms. Sarita trading as Vensia Herbals and other related entities. The plaintiff has been marketing its skincare products under the coined and registered trademark ‘VENUSIA’ since 2002 (Class 5) and 2018 (Class 3), which has gained wide recognition in India and abroad. It also runs a dedicated website under the domain www.drreddysvenusia.com.

In January 2025, the plaintiff discovered that Defendant No. 1, a proprietorship firm, and Defendant No. 2, operating the website www.vensiaherbals.com, were selling skin care products under the deceptively similar mark ‘VENSIA’. They had also applied for registration of the impugned marks under Class 3 and 5. The plaintiff claimed that the infringing mark was visually, structurally, and phonetically similar to ‘VENUSIA’, with only a minor modification by omitting the letter ‘U’. The plaintiff asserted that this act was deliberate to deceive consumers and implied a connection with the plaintiff’s established brand.

The matter was brought before the court through an application seeking urgent ad interim relief on grounds of infringement. The court noted that the defendant’s mark ‘VENSIA’ was deceptively similar to the plaintiff’s ‘VENUSIA’, especially since both marks were used for similar categories of pharmaceutical products meant for human use. The court emphasized that such deceptive similarity could cause irreparable harm to both the plaintiff and the general public due to the sensitive nature of the products.

After examining the pleadings, documents, and comparative product images, the court held that the plaintiff had made a prima facie case for infringement. The balance of convenience favored the plaintiff, and there was a serious risk of public deception.

Consequently, the court granted an ad interim injunction restraining Defendant Nos. 1 and 2, and all persons acting on their behalf, from manufacturing, selling, advertising, or offering for sale any goods under the impugned mark ‘VENSIA’. The court further directed the relevant domain registrar and online platforms to block access, de-index, or take down infringing content and listings, and directed the defendants to disclose all platforms where the infringing products were listed. The matter was renotified for further proceedings.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.

Harmohini Sarna Vs. Govt of NCT of Delhi

Case Title: Harmohini Sarna Vs. Govt of NCT of Delhi Case No.: W.P.(C) 9445/2017 Date of Order: 28th January 2019 Court: High Court of Delhi Judge: Hon’ble Mr. Justice Vibhu Bakhru Neutral Citation: 2019:DHC:547

The petitioners, relatives residing in Delhi, sought to register a General Power of Attorney (GPA) in favor of Ms. Anjali Sarna for a property located in Haryana. The property’s location was outside the jurisdiction of the Sub-Registrar where the petitioners sought registration. The petitioners contended that since they resided in Delhi, they should be permitted to register the GPA there.

Procedural History:

The Sub-Registrar declined to register the GPA, citing jurisdictional limitations, and the petitioners appealed under Section 72 of the Registration Act, 1908. The appellate authority upheld the refusal, emphasizing that only a Special Power of Attorney (SPA) could be registered under the Minutes of Meeting held on 13.06.2005. The petitioners then challenged these orders before the High Court.

Issue:

Whether the petitioners, residing in Delhi, could register a General Power of Attorney for a property located in Haryana outside the jurisdiction of the Sub-Registrar where the registration was sought, given the provisions of the Registration Act and related circulars?

Decision:

The High Court allowed the petition, observing that the registration was permissible since the petitioners resided in Delhi, and there was no legal bar to registering a GPA there, especially one not creating interest or transferring title. The Court noted that the Registration Act, 1908, permitted registration of Power of Attorney where the principal resided, and existing circulars clarified that such registration could be done in the principal’s jurisdiction, regardless of the property’s location.

Mongia Steel Limited Vs. Saluja Steel and Power Private Limited

Conditional Leave to Withdraw the Suit and Its Legal Consequences

Introduction:The case of Mongia Steel Limited Vs. Saluja Steel and Power Private Limited, decided by the High Court of Jharkhand at Ranchi on 17 July 2025, revolves around a trademark and copyright dispute that highlights the importance of procedural compliance, conditional withdrawal of suits, and the boundaries of initiating fresh litigation. This case underscores the judiciary’s emphasis on enforcing procedural rigour to prevent the misuse of legal processes and also addresses the limitation on reinserting causes of action that were previously abandoned. The decision also explores the intersection of intellectual property law with civil procedure, particularly in the context of claims for trademark and copyright infringement.

Factual Background:Mongia Steel Limited (formerly Mongia Hi-Tech Pvt. Ltd., later Mongia Steel Pvt. Ltd., and ultimately Mongia Steel Ltd.) is a well-established company engaged in the business of manufacturing and marketing various metal products, including TMT Bars, Joist, Channels, and related materials. Since its incorporation in 1995, the company claimed to have adopted and continuously used a series of trademarks and artistic works prominently featuring the word “MONGIA” and a photo device of its director, Mr. Gunwant Singh Mongia, colloquially referred to as the “Device of Sardarji”. The marks were used extensively in advertisements and had gained significant goodwill in the market.

In contrast, Saluja Steel and Power Pvt. Ltd. was incorporated in 2004 by Amarjeet Singh Saluja (brother of Mr. Gunwant Singh Mongia) and his sons. While the company initially did not manufacture TMT Bars, it later entered the market and began using the mark “SALUJA GOLD with Device of Sardarji”, including a bust photograph of Mr. Amarjeet Singh Saluja, which Mongia Steel alleged was deceptively similar to their established mark and get-up. Mongia Steel claimed this imitation led to confusion among the public and amounted to trademark infringement, copyright violation, and passing off.

Procedural Background: The initial suit was filed in 2015 as Title Suit No. 6 of 2015, later renumbered as Commercial Case No. 06 of 2015, before the Commercial Court, Ranchi. Originally, it was a composite suit including claims for trademark infringement, copyright infringement, and passing off. However, the plaintiff later filed an application under Order VI Rule 17 CPC, which was allowed on 03.09.2015, permitting deletion of the copyright claims (Sections 51 and 62 of the Copyright Act, 1957) from the plaint.

Subsequently, Mongia Steel sought to withdraw the suit under Order XXIII Rule 1(3) CPC citing formal defects and inadequacies in prayer formulation. The Commercial Court granted leave to withdraw the suit via order dated 29.09.2020, imposing three explicit conditions: (i) no new or fresh cause of action should be introduced, (ii) no documents issued after the original suit date may be relied upon, and (iii) reliefs must be limited to those contemplated in Paragraph 5 of the withdrawal application.

Pursuant to this, Mongia Steel filed Commercial Case No. 63 of 2020 incorporating claims for trademark infringement, passing off, and notably, copyright infringement — the very claim it had earlier abandoned. The defendant, Saluja Steel, filed an application under Order VII Rule 11 CPC seeking rejection of the plaint on grounds of deviation from the permitted scope. The Commercial Court allowed this application and rejected the plaint on 15.03.2022, concluding that the inclusion of copyright claims constituted a new cause of action. The present appeal was filed against this rejection.

Core Dispute: The crux of the legal controversy was whether Mongia Steel, having voluntarily abandoned its copyright infringement claims in the earlier suit and having received conditional leave to file a fresh suit, could reintroduce those very claims in the new suit? The matter hinged on whether such reintroduction violated the court-imposed conditions and whether it constituted a new cause of action contrary to the bar under Order XXIII Rule 1(3) CPC?

Discussion on Judgments:The appellant relied on the premise that the inclusion of copyright claims was part of a continuous cause of action flowing from the same transactional relationship and, thus, was not “new” in the legal sense. It was argued that the intent to seek such relief was always present but was inadequately pleaded in the earlier suit due to the inefficiency of their earlier counsel.

The respondent cited the order passed by the Commercial Court on 03.09.2015 allowing deletion of copyright claims and the withdrawal order dated 29.09.2020, emphasizing that the leave was explicitly limited and could not be used as a carte blanche to reintroduce previously deleted claims. They also pointed to the potential violation of the limitation period under Article 57 of the Limitation Act, 1963, arguing that reintroduction of copyright claims in 2020 for acts from 2014 was time-barred.

The High Court examined the legal principles laid down by the Supreme Court in V. Rajendran & Anr. v. Annasamy Pandian (Dead) through LRs, (2017) 5 SCC 63, where it was held that withdrawal of a suit under Order XXIII Rule 1(3) CPC requires the court’s satisfaction that the suit suffers from a formal defect or that there are other sufficient grounds, and that the leave must be limited and conditional to avoid abuse. Similarly, Pirgonda Hongonda Patil v. Kalgonda Shidgonda Patil, AIR 1957 SC 363, was referred to affirm the principle that amendments or fresh suits cannot be used to introduce time-barred claims or bypass procedural mandates.

The doctrine of “relation back” was discussed, citing Siddalingamma v. Mamtha Shenoy, (2001) 8 SCC 561, but the Court clarified that this doctrine is not of universal application and can be denied where allowing such relation back would defeat substantive legal defenses, such as limitation.

Reasoning and Analysis of the Judge: The Bench held that the permission to file a fresh suit was granted on clearly stipulated terms, including a prohibition against introducing new causes of action. By deleting the copyright claims through a judicial amendment order in 2015, the plaintiff had effectively confined the original suit to trademark infringement. Consequently, the subsequent inclusion of copyright claims in the fresh suit constituted a clear deviation and amounted to a new cause of action.

The Court emphasized that even if paragraph 5 of the withdrawal application broadly referenced copyright claims, the effect of the prior amendment was that such claims were no longer part of the subject matter of the suit at the time of withdrawal. Allowing reintroduction would violate not only procedural safeguards but also defeat the statutory bar of limitation, since more than three years had passed since the alleged copyright violations.

The Court also rejected the appellant’s argument that the mistake of previous counsel justified the reintroduction. It held that procedural indulgence cannot be used to evade statutory consequences or judicial orders, particularly when the party had knowingly and voluntarily opted to delete certain claims.

Final Decision:The High Court dismissed the appeal and upheld the Commercial Court’s rejection of the plaint. It held that the inclusion of copyright infringement claims in the fresh suit violated the conditions imposed in the order dated 29.09.2020 and amounted to a fresh cause of action. Accordingly, the plaint was correctly rejected under Order VII Rule 11(d) CPC. The Court also observed that allowing such procedural circumvention would create a dangerous precedent and undermine the integrity of judicial orders and the limitation framework.

Law Settled in This Case: This case affirms that when a suit is withdrawn under Order XXIII Rule 1(3) CPC with conditions, those conditions are binding and enforceable. A party cannot, in a subsequent suit, expand the scope of reliefs or reintroduce claims previously deleted or abandoned. Courts will not permit procedural devices to circumvent limitation laws or judicial directions. The decision also reinforces that the inclusion of previously deleted claims after expiry of limitation, even under the guise of procedural correction, constitutes a barred and impermissible cause of action.

Case Title: Mongia Steel Limited vs. Saluja Steel and Power Private Limited

Date of Order: 17 July 2025

Case Number: Commercial Appeal No. 08 of 2023

Neutral Citation: 2024:JHHC:26916-DB

Name of Court: High Court of Jharkhand at Ranchi

Name of Judge: Hon’ble Mr. Justice Sujit Narayan Prasad and Hon’ble Mr. Justice Rajesh Kumar

Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi