SRK MAX HOSPITAL AND ORS vs MAX HEALTHCARE INSTITUTE LIMITED

Judgment text excerpt

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 339/2025, CM APPL. 35772/2025 & CM APPL. 35773/2025 SRK MAX HOSPITAL AND ORS .....Appellants Through: Mr. Rishi Kapoor, Mr. Azad Bansala and Mr. Yash Gupta, Advocates versus MAX HEALTHCARE INSTITUTE LIMITED .....Respondent Through: Mr. Raunaq Kamath, Mr. Siddhart Varshney and Mr. Yas Raj, Advocates CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 10.07.2025 C. HARI SHANKAR, J. 1. This appeal assails judgment and decree dated 1 May 2025 passed by the learned District Judge (Commercial Courts)1 whereby the learned Commercial Court has decreed CS (Comm) 475/20242, in the following terms: “26. Suit is decreed with cost whereby: (1) Decree for permanent injunction is passed 1 “learned Commercial Court”, hereinafter 2 Max HealthCare Institute Ltd v SRK Max Hospital & ors. Signature Not Verified RFA (COMM) 339/2025 Digitally Signed By:AJIT Page 1 of 15 KUMAR Signing Date:14.07.2025 16:28:33 restraining the defendants, their associates and agents, directors, officers, employees, distributors, franchisee, representatives, assignees and anyone acting from or on their behalf are restrained from using impugned trademark/name MAX or any other mark identical with or deceptively similar to the Plaintiff’s trademark/name "MAX", in any manner including as a part of impugned marks/names SRK MAX HOSPITAL or the domain name https://srkmaxhospitals.com/, amounting to infringement of plaintiff's registered trade marks. (2) Defendants are further directed to withdraw trademark application number 6374632 in class 44 or any other application for the trademark in class 44 or any allied or cognate goods or services or any other goods or services in respect of which the plaintiff's MAX trademark