Court restrains defendants from manufacturing and selling plywood and allied goods under deceptively similar marks, recognizing plaintiff's prior use and reputation in both electrical and plywood sectors.
In a significant ruling on October 15, 2026, the Delhi High Court delivered a judgment in favor of Goldmedal Electricals Pvt. Ltd., granting an ex-parte ad-interim injunction against Jimmy Thoppilan and others for infringing upon the plaintiff's registered trademark "GOLDMEDAL" and related copyrights. The defendants were found to be using the mark "GOLDMEDAL PLY AND BOARDS" in respect of plywood, block boards, PVC boards, and allied goods, which the Court held to be a dishonest adoption designed to ride on the goodwill and reputation of the plaintiff's well-established brand.
The plaintiff, a company incorporated in 1956 and engaged primarily in manufacturing and marketing electrical goods, has continuously used the "GOLDMEDAL" mark since 1979 through its predecessor and is the registered proprietor of multiple trademarks and copyrights related to the mark. Over the years, Goldmedal Electricals expanded its business to include plywood and allied goods, further asserting its rights by filing for trademark registration in Class 19 for these products.
The defendants, led by Mr. Jimmy Thoppilan who manages and directs several entities dealing in plywood and related products, adopted the mark "GOLDMEDAL PLY AND BOARDS" with identical lettering style and artistic presentation as the plaintiff's mark. The court observed that the mere addition of descriptive terms like "PLY AND BOARDS" was insufficient to distinguish the defendants' mark from the plaintiff's, and amounted to passing off and infringement.
The Court noted that despite the plaintiff's primary registration being in the electrical goods category, the mark had acquired a prima facie reputation across India, including in the plywood sector where the plaintiff had expanded. The defendants' use of identical marks in a related product category was likely to cause confusion among consumers, dilute the plaintiff's goodwill, and unfairly capitalize on the plaintiff's established reputation.
Key details highlighted in the judgment include the plaintiff's substantial sales turnover exceeding ₹24 billion in FY 2022-23 and high advertisement expenditure, demonstrating the mark's widespread recognition. The defendants were found to be actively promoting and selling plywood and allied products under the infringing mark across multiple platforms including IndiaMart, JustDial, LinkedIn, YouTube, and social media.
Given the prima facie case of trademark and copyright infringement, the balance of convenience, and the risk of irreparable harm to the plaintiff, the Court restrained the defendants and all persons acting on their behalf from manufacturing, selling, advertising, or dealing with goods bearing the infringing mark until the next hearing.
The Court also granted the plaintiff exemptions from pre-institution mediation and advance service of summons, considering the urgency of the matter and potential risk of evidence tampering by the defendants. The suit has been registered, and the defendants are required to file their written statements within 30 days.
This judgment reinforces the protection accorded to trademark owners under the Trade Marks Act, 1999 and Copyright Act, 1957, emphasizing that unauthorized use of marks deceptively similar to a registered mark, even in related but distinct product categories, can constitute infringement and passing off. It also reflects the Court's recognition of the evolving nature of business expansion and cross-category brand reputation.
Bottom Line:
Trade Mark and Copyright infringement - Ex parte ad-interim injunction granted in favour of prior user and registered proprietor of "GOLDMEDAL" against use of "GOLDMEDAL PLY AND BOARDS" for plywood and allied goods - Mere addition of descriptive words "PLY AND BOARDS" held insufficient where defendants wholly incorporated plaintiff's mark and adopted identical lettering style to ride upon plaintiff's goodwill and reputation.
Statutory provision(s):
Commercial Courts Act, 2015 Section 12A, Trade Marks Act, 1999, Copyright Act, 1957, Code of Civil Procedure, 1908 Order 39 Rules 1 and 2, Order XI Rule 1(4)
Goldmedal Electricals Pvt. Ltd. v. Jimmy Thoppilan, (Delhi) : Law Finder Doc Id # 3004077
