WATERWAYS LEISURE TOURISM PRIVATE LIMITED vs MR. MUKESH PRASAD THAPLIYAL AND ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 11, 2025 % Pronounced on: July 28, 2025 + CS(COMM) 42/2025, I.A. 1268/2025-Stay WATERWAYS LEISURE TOURISM PRIVATE LIMITED .....Plaintiff Through: Ms. Kripa Pandit, Mr. Prabhu Tandon, Mr. Christopher Thomas, Mr. Yash A. Arora, Advs. Versus MR. MUKESH PRASAD THAPLIYAL AND ORS..Defendants Through: Ms. Kangana Roda, Ms. Apoorva Sharma, Mr. Suneet Kumar Tyagi and Ms. Amulya Kaushik, Advs. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT I.A. 1268/2025-Stay Preface: 1. By virtue of the present judgment, this Court is proceeding to adjudicate upon the present application under Order XXXIX rules 1 & 2 of the Code of Civil Procedure, 19081 of the plaintiff wherein it has sought an interim injunction for restraining the defendants and all others acting for and on their behalf, from marketing, using, soliciting, displaying, advertising and purveying including or through the online marketplaces, social media or by any other mode or manner dealing with the marks 1 Hereinafter referred as “CPC” I.A. 1268/2025 in CS(COMM) 42/2025 Page 1 of 18 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:28.07.2025 17:46:22 “CORDELIA INN”/ / / (hereinafter collectively referred as ‘Impugned Marks’) or any other identically/ deceptively similar marks thereby amounting to infringement/ passing off of the plaintiff’s registered trademark “CRODELIA CRUSES”/ under the Trade Marks Act, 19992. Factual Narration: 2. The plaintiff, claiming to be the only company operating domestic premium cruise services in India, adopted the distinctive mark “Cordelia Cruises” immediately after its incorporation on 02.11.2020 for its ocean cruise tourism services, and subsequently registered the domain name www.cordeliacruises.com on 05.12.