VIKRANT CHEMICO INDUSTRIES PVT LTD vs SHRI GOPAL ENGINEERING AND CHEMICAL WORKS PVT LTD & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 30.05.2025 Judgment pronounced on: 20.08.2025 + CS(COMM) 85/2018 & CRL.M.A. 4189/2020 VIKRANT CHEMICO INDUSTRIES PVT LTD .....Plaintiff Through: Mr. Saikrishna Rajagopal, Mr. Nitin Sharma, Mr. Sohrab Mann, Ms. Deepika Pokharia and Mr. Abhinav Bhalla, Advocates versus SHRI GOPAL ENGINEERING AND CHEMICAL WORKS PVT LTD & ORS .....Defendants Through: Mr. Peeyoosh Kalra and Mr. Yashwant Singh Baghel, Advocates CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. 1. By way of the present judgment, I shall decide the suit captioned above. 2. The present suit has been filed seeking the relief of permanent injunction restraining the defendants from infringement of trademark, copyright and passing off along with other ancillary reliefs. CASE SET UP IN THE PLAINT 3. The case set up in the plaint is as follows: 3.1 In 1963, Mr. J.B. Gupta adopted the mark ‘DOCTOR BRAND PHENYLE’. Signature Not Verified Digitally Signed CS(COMM) 85/2018 Page 1 of 40 By:AANCHAL TAGGAR Signing Date:20.08.2025 15:40:35 3.2 The plaintiff company, Vikrant Chemico Industries Pvt. Ltd., was incorporated in the year 1972 and is engaged in the business of personal care products, toiletries, pharmaceuticals and chemicals. The plaintiff operates through its head office located in Kanpur, Uttar Pradesh. 3.3 In 1973, Mr. J.B. Gupta was appointed as a director of the plaintiff company. Plaintiff’s Managing Director, Mr. J.B. Gupta had two sons – the younger son, Mr. R.K. Gupta is one of the directors of the plaintiff company, and the elder son, Mr. G.K. Gupta is the defendant no.2 herein. 3.4 It is averred in the plaint that in the same year 1973, the trademark ‘DOCTOR BRAND GERM TROLL’ was adopted by the plaintiff company, which has been used sin