Delhi HC restrains NGO from using the trade name of multinational courier delivery service, Gati

Pursuant to a trademark infringement and passing off suit by multinational courier delivery service, Gati Limited, the Delhi High Court has restrained NGO Gati Foundation from using, advertising or promoting the word “Gati” in any manner..The ex-parte ad interim injunction order was passed by a single Judge Bench of Justice Talwant Singh..The plaintiff, Gati Ltd, moved the Court after it received messages on social media and communication from its peer group enquiring about setting up an NGO named ‘Gati Foundation’. The Plaintiff was further asked about conducting a Circular Economy Symposium in collaboration with FICCI on June 17-18 in New Delhi..After taking note of the inquiries, the plaintiff discovered that the defendant, Gati Foundation, was incorporated as an NGO in 2017 and had been wrongfully using the registered trade name of the plaintiff..The Court was further informed that the e-mail address and the domain name of the defendant were also identical and deceptively similar to that of the plaintiff’s registered trade name..It was the plaintiff’s claim that the use of the trade name ‘Gati’ created a false impression that the plaintiff was associated with or invested in the defendant..It was argued that the defendant was aware of the goodwill and reputation of the plaintiff’s trademark and the acts of the defendants could cause an irreparable loss and injury to the reputation and goodwill of the plaintiff..Keeping in view the fact that the plaintiff’s trademark was registered in 2005 and has been extensively used since then, the Court opined that the defendants had no prima facie right, title or interest to use the name as part of their corporate name ‘Gati Foundation’..The Court thus retrained the defendant and its agents/representatives from using, advertising or promoting in any manner, the trademark ‘Gati’ till the next date of hearing..With respect to the FICCI event, the Court also clarified that the plaintiff’s trademark ‘Gati’ shall not be used in any pamphlets, booklets, advertisement in print media, social media or electronic media as part of any panel or in any press release or in any other form..The plaintiff was represented by advocates Akshay Sapre, Tabrez Malawat, Abhijeet Swaroop, Vinam Gupta and Ankita Bafna..The matter would be heard next on July 16..[Read order].Bar & Bench is available on WhatsApp. For real-time updates on stories, click here to subscribe to our WhatsApp.