Court restrains defendants from manufacturing and selling wires with deceptively similar packaging and directs e-commerce platforms IndiaMart and TradeIndia to remove infringing listings.
In a significant ruling delivered on October 13, 2026, the Delhi High Court, presided over by Justice Vikas Mahajan, granted an ex parte interim injunction in favor of V-Guard Industries Limited, restraining Ashok Kumar trading as R. K. Industries and others from using packaging and trade dress that closely mimics the plaintiff's well-known "V-GUARD" trademark and distinctive black-yellow/gold color scheme for wires and cables.
V-Guard Industries Limited initiated the suit alleging infringement of its registered trademark, copyright, and passing off by the defendants who marketed electrical wires under the brand "RK Cables" with packaging and trade dress substantially similar to that of the plaintiff's products. The plaintiff presented a compelling case highlighting its continuous and extensive use of the "V-GUARD" mark since 1977, supported by numerous trademark registrations, copyright registrations for artistic works in packaging, and significant sales and advertising figures demonstrating the goodwill and reputation associated with the brand.
The plaintiff contended that the defendants, including channel partners and online sellers, were marketing products with a color scheme and layout nearly identical to V-Guard's distinctive packaging, causing confusion among consumers and unfairly benefiting from the plaintiff's established brand reputation. The Court took note of a detailed comparative chart illustrating the striking similarities between the plaintiff's trade dress and the defendant's "RK Cables" packaging.
After examining the plaint, documents, and hearing submissions, the Court found a prima facie case of trademark infringement and passing off. It held that the balance of convenience favored the plaintiff and that irreparable harm would ensue if the injunction was denied. Consequently, the Court restrained the defendants, their licensees, distributors, and dealers from manufacturing, selling, or advertising electrical goods with the infringing "RK Cables" trade dress having the black and yellow color combination or any colorable imitation thereof.
Importantly, the Court also directed the intermediary e-commerce platforms IndiaMart and TradeIndia to take down the listings of infringing products within one week from the communication of the order and to file compliance affidavits within two weeks thereafter. The Court exempted the plaintiff from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, considering the urgency of the relief sought.
This judgment reinforces the protection accorded to well-known trademarks and trade dress under Indian law and emphasizes the responsibility of e-commerce intermediaries to act promptly against infringement and passing off on their platforms.
Bottom Line:
Intellectual Property - Trade mark, copyright and passing off - Plaintiff using registered mark "V-GUARD" and distinctive black-yellow/gold trade dress for wires and cables - Defendant's "RK Cables" packaging found deceptively similar - Prima facie case of infringement and passing off made out - Ex parte interim injunction granted and e-commerce/intermediary platforms directed to take down infringing listings.
Statutory provision(s):
Commercial Courts Act, 2015 Section 12A, Order XXXIX Rules 1 and 2 CPC, Trade Marks Act, 1999, Copyright Act, 1957, Order XI Rule 1(4) of Commercial Courts Act, 2015, Order XXXIX Rule 3 CPC, Section 151 CPC
