Delhi HC Grants Temporary Injunction To Famous Logistics Company Agarwal Packers & Movers Against Trademark Infringement By Fake Website

The Delhi High Court has issued a temporary injunction in favour of the logistics company, Agarwal Packers and Movers Ltd, against trademark infringement by a business offering goods packaging and transportation services.Agarwal Packers and Movers Ltd (plaintiff) sought a permanent injunction against the fraudulent website 'aggarwalmoverspackers.in' using its name for providing similar services. Agarwal Packers submitted that it is engaged in the business of providing services of packers, movers, relocation, transportation, logistics, public carriers, carriers for goods, merchandise, and commodities in India and internationally. The services also include warehousing, home storage, supply chain, ODC transportation, cube-online freight station and other related services. It stated that it employs more than 1200 employees and has a network across 1264 local locations and in 182 countries across the world. It stated that it has a fleet of more than 4600 vehicles with a warehousing capacity of 18 lakh sq. ft. Agarwal Packers stated that it is well-reputed in India for offering and providing packaging and moving services. It is submitted that due to its widespread goodwill and reputation acquired over more than 35 years, the members of trade and public associate 'Agarwal Packers & Movers' and related marks solely with it.It stated that the earliest registration of its mark 'Agarwal Packers & Movers' was in 2004 and that the same was registered with a user claim since 1988. It is submitted that the defendant no. 1, using the name 'Agarwal Cargo Packers and Movers' operates multiple fraudulent websites. It stated that defendant no. 1 is likely to switch domain names and provide its services through new websites upon receiving a restraining order.Pursuing the material on record, Justice Amit Bansal noted that the impugned domain name is virtually identical with Agarwal Packers' marks. The Court opined that a prima facie case of infringement and passing off was made out. It observed that the defendant no.1 attempted to create an impression that its services are associated with Agarwal Packers. It stated that the impugned mark is likely to cause confusion in the market as it is virtually identical with the plaintiffs' marks.The Court stated that the balance of convenience is in favour of Agarwal Packers. It thus restrained defendant no. 1 and anyone acting on its behalf from using, advertising, marketing, selling any commodity, product, service, packaging or advertising material under the impugned mark or using the work 'Aggarwal/ Agarwal' to suggest any association with the plaintiffs. It also directed the domain name registrar to suspend the impugned domain name. It further directed blocking of telephone numbers and deactivating UPI ID associated with the defendant no. 1.Case title: Agarwal Packers And Movers Ltd vs. Aggarwal Cargo Packers And Movers And OrsCitation: 2025 LiveLaw (Del) 460Click Here To Read/Download Order

Delhi HC Grants Temporary Injunction To Famous Logistics Company Agarwal Packers & Movers Against Trademark Infringement By Fake Website

Sanjana Dadmi

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