KELLER WILLIAMS REALTY, INC. vs DINGLE BUILDCONS PRIVATE LIMITED & ORS.

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 120/2022, CM APPL. 22588/2022, CM APPL. 22589/2022 & CM APPL. 43243/2025 KELLER WILLIAMS REALTY, INC. .....Appellant Through: Mr. Jayant Mehta, Sr. Adv. with Mr. Anirudh Bakhru, Mr. Naqeeb Nawab, Ms. Apurva Bhutani and Ms. Sejal Tayal, Advs. versus DINGLE BUILDCONS PRIVATE LIMITED & ORS. .....Respondents Through: Mr. Akhil Sibal, Sr. Adv. with Mr. Sudarshan Bansal, Ms. Sarah Haque, Mr. Shivang Bansal, Mr. Amit Chanchal Jha and Mr. Shivendra Pratap Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 06.08.2025 C. HARI SHANKAR, J. CM APPL. 43243/2025 (for bringing on record conversion of appellant company) 1. For the reasons stated in the application, the prayer is granted. FAO(OS) (COMM) 120/2022 Page 1 of 45 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:27.08.2025 18:22:49 2. The application is allowed. FAO(OS) (COMM) 120/2022, CM APPL. 22588/2022 & CM APPL. 22589/2022 3. Keller Williams Realty Inc., the appellant herein, has instituted CS (Comm) 74/20191 against the respondents Dingle Buildcons Pvt Ltd, KW Homes Pvt Ltd and KW Security and Services Pvt Ltd, the respondents herein. The suit is presently pending before a learned Single Judge of this Court. In the suit, the appellant has alleged that, by use of the marks ‘KW’, , , and , the respondents have infringed the trademark ‘KW’ which stands registered in favour of the appellant with effect from 2 March 2012 in Class 35 for “Franchising, namely offering technical assistance in the establishment and/or operation of real estate brokerages”. Additionally, the appellant claims to have been using various marks, internationally, of which ‘KW’ is the prominent part, including KW