Delhi High Court Grants Temporary Injunction to Agarwal Packers & Movers Against Trademark Infringement by Fraudulent Website

The Delhi High Court has issued a temporary injunction in favor of Agarwal Packers and Movers Ltd, a prominent logistics company, in a case concerning trademark infringement by a fraudulent website. The plaintiff, Agarwal Packers and Movers Ltd, sought a permanent injunction against the website 'aggarwalmoverspackers.in', which was allegedly using its name to offer similar goods packaging and transportation services.

Agarwal Packers and Movers Ltd asserted that it has been engaged in the business of providing services such as packing, moving, relocation, transportation, logistics, public carriage, and warehousing both within India and internationally. The company highlighted its extensive operations, employing over 1,200 individuals, maintaining a network across 1,264 local locations and 182 countries, operating a fleet of more than 4,600 vehicles, and possessing a warehousing capacity of 18 lakh square feet. The company emphasized its reputation and goodwill acquired over more than 35 years, stating that the public associates the 'Agarwal Packers & Movers' mark solely with its services.

The company noted that its earliest registration of the 'Agarwal Packers & Movers' trademark dates back to 2004, with a user claim since 1988. It alleged that the defendant, operating under the name 'Agarwal Cargo Packers and Movers', was running multiple fraudulent websites and was likely to switch domain names to continue its services upon receiving a restraining order.

Upon reviewing the materials presented, Justice Amit Bansal observed that the impugned domain name was virtually identical to Agarwal Packers' registered marks. The court opined that a prima facie case of trademark infringement and passing off was established, noting that the defendant's actions were likely to cause confusion in the market by creating an impression of association with Agarwal Packers. The court further stated that the balance of convenience favored the plaintiff and that irreparable harm would be caused to its reputation and goodwill if the defendant's actions were not restrained.

Consequently, the court issued a temporary injunction restraining the defendant and any parties acting on its behalf from using, advertising, marketing, or selling any goods or services under the impugned domain name or any other mark identical or deceptively similar to 'Agarwal Packers & Movers'. The court's decision underscores the importance of protecting established trademarks and the goodwill associated with them, particularly in cases where fraudulent entities attempt to capitalize on the reputation of well-known companies.