Court finds prima facie similarity between “DURA” and registered marks “DOORA”, “DOORA EXPRESS SERVICES” and “DOORA LOGISTICS”; orders preservation of electronic and commercial records.
The Delhi High Court has granted ad-interim relief in favour of Doora Express Services in a trademark infringement and passing-off dispute against Dura Logistics India Private Limited and another defendant, restraining the use of the mark “DURA” in connection with logistics and transportation services.
Justice A.J. Bhambhani, while hearing CS(COMM) 983 of 2026, observed that the plaintiff had made out a prima facie case for protection of its registered trademarks, including “DOORA”, “DOORA EXPRESS SERVICES” and “DOORA LOGISTICS”, all used in Class 39 for logistics-related services. The Court noted that the impugned mark “DURA” appeared prima facie phonetically, visually, structurally and commercially similar to the plaintiff’s marks, and was likely to confuse or mislead consumers.
According to the plaintiff, defendant no. 2 had earlier served as its General Manager and later incorporated defendant no. 1 during the subsistence of employment and while still in a fiduciary relationship. The plaintiff alleged that the defendants then commenced a competing logistics business using the impugned mark, creating a false association with the plaintiff’s business identity.
After considering the pleadings and supporting material, the Court held that the plaintiff had established a prima facie case, that the balance of convenience lay in its favour, and that irreparable injury would be caused if interim protection was not granted. Accordingly, the Court restrained the defendants, their directors, officers, agents and persons acting on their behalf from using the mark “DURA” or any deceptively similar mark.
The injunction also prohibits the defendants from using any logo, trade dress, business identity, domain name, website, social media handle, advertisement, marketing material or any other commercial representation likely to create confusion with the plaintiff’s business. They are also restrained from representing any association, affiliation, continuity or connection with the plaintiff.
In addition, the Court directed preservation of electronic and commercial records, including emails, WhatsApp communications, accounting records, employee records, customer databases, invoices, GST filings, servers, computers and digital devices relevant to the dispute.
Besides the interim injunction, the Court allowed the plaintiff’s applications for filing additional documents and for extension of time to deposit ad-valorem court fee. It also issued notice on applications seeking rendition of accounts, disclosure of revenue records, production of commercial documents, and discovery and preservation of records.
The matter has been listed before the Joint Registrar on 4 December 2026, with the interim injunction to continue until the next date of hearing.
Bottom Line :
Trade mark infringement and passing-off in logistics services - Plaintiff, being prior adopter and registered proprietor of marks "DOORA", "DOORA EXPRESS SERVICES" and "DOORA LOGISTICS", made-out a prima-facie case against defendants' use of "DURA" for identical services - Ad-interim injunction granted restraining use of impugned mark, confusing business identity and false association, and directing preservation of relevant electronic and commercial records.
Statutory provision(s): Order XXXIX Rules 1 and 2 CPC, Order XI Rule 1(4) CPC, Section 149 CPC, Section 151 CPC
