Court grants interim protection to well-known brand, orders removal of infringing Google Search and Business Profile listings; issue of Google Maps and dynamic injunction kept open.
The Delhi High Court has granted interim relief to Agarwal Packers and Movers Ltd. in a trademark infringement and passing off case involving fake and misleading online business listings using the well-known mark “AGARWAL PACKERS & MOVERS.”
Justice Purushaindra Kumar Kaurav, hearing CS(COMM) No. 1021 of 2026, held that the plaintiffs had made out a prima facie case for protection of their trademark rights. The court noted that the mark had already been recognised in earlier judicial proceedings, including the 2013 decision in DRS Logistics (P) Ltd. v. Rajesh Agarwal, where it was held to be a well-known trademark in India.
According to the plaintiffs, numerous third-party listings on Google Search and Google Business Profile were using their name, logo, photographs and other identifying features to falsely suggest an association with the company. The court recorded that around 202 fake Google Business Profile listings had been identified, and despite complaints to Google-related entities, a number of the listings allegedly remained active.
The court observed that use of the plaintiffs’ mark in relation to packing, moving and relocation services was likely to confuse consumers and deceive the public into believing that the businesses were connected with the plaintiffs. It also noted that such unauthorised use could damage the plaintiffs’ goodwill and reputation.
Finding that the balance of convenience lay in favour of the plaintiffs and that monetary compensation would not adequately remedy the harm, the court restrained defendant nos. 1 to 70 from using the marks “AGARWAL PACKERS & MOVERS,” “AGARWAL,” “AGGARWAL PACKERS & MOVERS,” or any identical or deceptively similar mark in business names, listings, profiles, pages, keywords, meta tags or any other manner.
The court further directed defendant no. 72 to remove or disable the identified Google Search and Google Business Profile listings that used the plaintiffs’ mark or otherwise suggested an association with the plaintiffs. However, the court kept open the issue relating to Google Maps listings, stating that no final direction would be issued at this stage and that the matter would be considered after Google’s response.
On the request for a dynamic injunction covering future infringing listings, the court declined to issue a blanket order at the interim stage. Instead, it allowed the plaintiffs to furnish details of any subsequently discovered infringing listings to defendant no. 72, which would be required to deal with them in accordance with its policy and any further directions of the court.
The suit has been registered, summons issued, and the matter is listed for further hearing on 29 January 2027.
Bottom Line :
Trademark infringement and passing off - Plaintiffs, proprietors of well-known trademark AGARWAL PACKERS & MOVERS, made out a prima facie case against fake and misleading Google business listings using identical/deceptively similar marks - Defendant Nos. 1 to 70 restrained from using plaintiffs' mark and allied indicia - Defendant No. 72 directed to remove/disable identified Google Search/Google Business Profile listings - Issue of Google Maps listings and dynamic injunction kept open pending reply.
Statutory provision(s): Trade Marks Act, 1999, Order XXXIX Rules 1 and 2 CPC, Section 151 CPC, Order XXXIX Rule 3 CPC
