Delhivery Limited secures legal protection against unauthorized use of its trademarks and copyrights, halting a fraudulent network.
In a significant move to safeguard intellectual property rights, the Delhi High Court has granted an ex-parte ad-interim injunction to Delhivery Limited, effectively restraining a group of defendants from infringing upon the company's trademarks and copyrights. The judgment, delivered by Justice Jyoti Singh, addresses the unauthorized use of Delhivery's registered trademarks and literary works by a network of individuals and entities allegedly involved in a scam.
Delhivery Limited, recognized as India's largest integrated logistics provider, approached the court seeking urgent relief against the defendants, who were reportedly using deceptively similar marks and domain names to mislead the public. The defendants, identified as John Doe/Ashok Kumar and others, were accused of creating a network to dupe individuals by offering fraudulent franchise opportunities under the guise of representing Delhivery.
The court's order restrains the defendants from using any marks that are identical or deceptively similar to Delhivery's trademarks. Additionally, the court directed suspension and locking of infringing domain names operated by the defendants, including "delhiverydistibutars.com" and "delhiverypartner.com". Banking institutions involved were ordered to provide KYC details and block associated accounts to prevent further fraudulent activities.
Justice Singh emphasized the balance of convenience and the likelihood of irreparable harm to Delhivery if the injunction was not granted. The plaintiff demonstrated its substantial goodwill and reputation, which was at risk due to the defendants' actions. The court acknowledged the prima facie case of trademark and copyright infringement, noting the confusion and deception caused among consumers.
Delhivery Limited's legal team argued that the defendants' actions amounted to infringement under Sections 28 and 29 of the Trade Marks Act, 1999, and Section 51 of the Copyright Act, 1957. The court's decision underscores the importance of protecting intellectual property rights in the digital age, especially for companies with significant market presence.
The injunction serves as a critical legal precedent in the fight against intellectual property violations and provides a robust framework for companies to protect their brands from unauthorized use. Delhivery Limited has been directed to comply with procedural requirements under Order XXXIX Rule 3 CPC to further substantiate its claims.
The case will return to court for further proceedings on March 19, 2026, as Delhivery continues to pursue legal measures against the infringing parties.
Bottom Line:
Intellectual Property - Grant of ex-parte ad-interim injunction to prevent infringement of trademarks and copyrights by unauthorized use of the Plaintiff's trademark and literary work.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29; Copyright Act, 1957 Section 51; Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2; Commercial Courts Act, 2015 Section 12-A
Delhivery Limited v. John Doe/Ashok Kumar, (Delhi) : Law Finder Doc id # 2844208
