Court restrains defendant from using marks deceptively similar to plaintiffs' registered "DARZI" trademarks, highlighting protection of intellectual property rights in apparel sector.
In a significant ruling dated September 18, 2026, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Darzi (India) LLP and another, restraining Akhil Jain from using the trade mark "Men's Darzi" and any deceptively similar marks in connection with clothing and apparel. The order comes in a suit filed by the plaintiffs alleging trademark infringement and passing off, asserting their prior and registered rights over the marks "DARZI" and "The Darzi The Suit People, 1981."
The plaintiffs contended that despite the Registrar of Trade Marks rejecting the defendant's application to register the "Men's Darzi" mark due to their objection, the defendant continued to use the impugned mark prominently featuring the word "Darzi." The court found that the plaintiffs had established a prima-facie case, with the balance of convenience favoring them and that irreparable injury would ensue if the injunction was not granted.
Justice A.J. Bhambhani noted that the plaintiffs' earlier registrations, including the 2018 registration for the word mark "DARZI," entitled them to protection against unauthorized use by the defendant. The court also exempted the plaintiffs from pre-litigation mediation, relying on precedents set by the Supreme Court and the Delhi High Court.
The injunction prevents the defendant, and all connected persons, from using the marks "MEN'S DARZI," the impugned logos/devices, or any other mark, logo, domain name, or trade name identical or deceptively similar to the plaintiffs' registered marks in relation to clothing and apparel. The court also restrained the defendant from passing off goods under such marks, thereby protecting the plaintiffs' reputation and goodwill.
Additionally, the court granted plaintiffs leave to file further documents and exempted them from advance service of summons on the defendant. The summons for the suit will be issued immediately, with the defendant required to file a written statement within 30 days of service.
This ruling underscores the Delhi High Court's commitment to upholding intellectual property rights and preventing unfair competition in the commercial and apparel sector. The plaintiffs' counsel, led by Mr. Anirudh Bakhru, welcomed the decision as a strong affirmation of trademark protection.
The next hearing is scheduled after the completion of pleadings on December 9, 2026.
Bottom Line:
Trade Marks - Infringement and passing off - Plaintiff holding prior registration over word mark "DARZI" and related marks - Defendant's application for registration of "Men's Darzi" having been rejected, yet continued use alleged - Court held that plaintiff made out prima facie case, balance of convenience and irreparable injury in its favour - Ex-parte ad-interim injunction granted restraining use of impugned marks deceptively similar to plaintiffs' DARZI marks.
Statutory provision(s):
Trade Marks Act, 1999, Section 135(2)(c), Commercial Courts Act, 2015 Section 12A, Civil Procedure Code, 1908 Order XI Rule 1(4), Order XXXIX Rules 1 and 2, Section 151 CPC
Darzi (India) LLP v. Akhil Jain, (Delhi) : Law Finder Doc Id # 2989415
