EUREKA FORBES LIMITED (FORMERLY FORBES ENVIRO SOLUTIONS LIMITED) vs NANDAN SALES AND ORS

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 08th May, 2025 + CS(COMM) 566/2023 with I.A. 15571/2023 and I.A. 5300/2025 EUREKA FORBES LIMITED (FORMERLY FORBES ENVIRO SOLUTIONS LIMITED) .....Plaintiff Through: Mr. Shivankar Sharma and Mr. Ayush Singh, Advocates. versus NANDAN SALES AND ORS .....Defendants Through: Mr. Divyansh Tiwari, Advocate for defendant no. 1. Mr. Dharmendra Kr. Verma, Advocate for defendant no. 10. Mr. Nipun Dwivedi, Advocate for defendant no. 12. 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 those of the plaintiff, along with other ancillary reliefs. CASE SETUP 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 encompass the manufacturing, marketing, and selling of home appliances Signature Not Verified Digitally Signed CS(COMM) 566/2023 Page 1 of 13 By:DHARMENDER SINGH Signing Date:14.05.2025 17:28:27 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 has been 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 w