EUREKA FORBES LIMITED (FORMERLY FORBES ENVIRO SOLUTIONS LIMITED) vs MR. VINOD K. AND ANR.

Judgment text excerpt

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 4th March, 2025 I.A. 5752/2025 IN + CS(COMM) 335/2023 EUREKA FORBES LIMITED (FORMERLY FORBES ENVIRO SOLUTIONS LIMITED) .....Plaintiff Through: Mr. Shivankar Sharma, Mr. Ayush Singh & Ms. Urvashi Raj, Advocates. versus MR. VINOD K. AND ANR. .....Defendants Through: CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiff, passing off their goods as that of the plaintiff, along with other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff is a portfolio company of Advent International, a global private equity firm, and is engaged in diverse business activities that encompasses manufacturing, marketing, and selling of home appliances Signature Not Verified Digitally Signed CS(COMM) 335/2023 Page 1 of 12 By:AANCHAL TAGGAR Signing Date:08.03.2025 18:29:46 such as water purifiers, vacuum cleaners, air purifiers, etc., under a number of distinctive trademarks. 3. The predecessor in title of the plaintiff is M/s. Samuel Osborn (India) Limited, which was incorporated in the year 1931. In the year 1982, the name of the company was changed to Eureka Forbes Limited and since then, the plaintiff’s business was extended to the field of water purification systems. 4. The plaintiff through its predecessor in title adopted the trademark ‘AQUAGUARD’/ in 1982 in respect of water purification systems that were premised on UV and Reverse Osmosis (“RO”) technology. 5. Apart from water purifiers, the plaintiff’s revenue is also generated from the sale of spares and consumables under the marks ‘AQUAGUARD’, ‘AQUAGUARD I FILTER’ and ‘AQUASFILTER’, which wer