FEDERAL EXPRESS CORPORATION vs FEDEX FINANCE PRIVATE LIMITED

Judgment text excerpt

ia-820-2021.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.820 OF 2021 IN COMM IPR SUIT NO.1406 OF 2019 Digitally Federal Express Corporation …Applicant / signed by JITENDRA JITENDRA SHANKAR Plaintiff SHANKAR NIJASURE NIJASURE Date: 2025.12.11 18:40:44 +0530 Versus Fedex Securities Private Ltd. & Ors. …Respondents/ Defendants ---------- Dr. Veerendra Tulzapurkar, Senior Counsel with Mr. Abhay J.V., Mr. Ameya Gokhale, Mr. Rishabh Jaisani, Mr. Dhruv Grover, Mr. Harit Lakhan and Mr. Abhineet Kalia i/b. Shardul Amarchand Mangaldas for the Applicant / Plaintiff. Mr. Alankar Kirpekar, Mr. Shekhar Bhagat, Mr. Ayush Tiwari and Mr. Rajas Panandikar i/b. Shekhar Bhagat for the Defendants. ---------- CORAM : R.I. CHAGLA J. Reserved on : 25TH JULY, 2025. Pronounced on : 11TH DECEMBER, 2025. O R D E R:- 1. By this Interim Application, the Applicant / Original Plaintiff has sought for an order of injunction restraining the Defendants from using / infringing / passing off the Applicant’s trade mark “FEDEX” and for other consequential relief. 1 ia-820-2021.doc 2. A brief background of facts is as under:- (i) The Plaintiff is a corporation organized and existing under the laws of the State of Delaware, United States of America and is a global leader in providing transportation, e-commerce and business services to customers under its reputed and recognized brand known as FEDEX worldwide and in India. (ii) On 17th April, 1973, the Plaintiff commenced its operations in providing services to customers and businesses for express transportation and delivery of their consignment under the trade mark / name FEDERAL EXPRESS. (iii) The Plaintiff completed its first public offering of shares and has been list