PLUTO TRAVELS INDIA PRIVATE LIMITED vs PTW HOLIDAYS PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: April 25, 2025 % Pronounced on: May 14, 2025 + CS(COMM) 334/2024 PLUTO TRAVELS INDIA PRIVATE LIMITED .....Plaintiff Through: Ms. Achal Shekhar, Ms. Shruhita Amit and Ms. Aayushi Pandey, Advs. Versus PTW HOLIDAYS PRIVATE LIMITED ....Defendant Through: Mr. Rishub Kapoor, Adv. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT I.A. 9175/2024-Stay Preface: 1. The plaintiff, in this suit for permanent injunction along with other ancillary relief(s), has filed the present application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 19081 seeking an interim injunction restraining the defendant from advertising, promoting, displaying, marketing, and/ or using the mark “PLUTO TOURS”/ 1 Hereinafter referred as “CPC” I.A. 9175/2024 in CS(COMM) 334/2024 Page 1 of 21 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:14.05.2025 18:36:42 thereby infringing its trademarks “PLUTO”/ registered under the Trade Marks Act, 19992. Factual Narration: 2. The plaintiff, Pluto Travels India Private Limited, incorporated in the year 2004, is a leading luxury car rental company offering a diverse range of transport, travel and tour services, which include leisure tours, airport transfer, hotel/ office transfers, intercity travel, transportation for conferences, event and functions, sightseeing and pilgrimage, wedding transportation, as well as short term and long term car rentals across all major cities in India. 3. Since its incorporation, the plaintiff adopted the word “PLUTO” as its trademark/ tradename and has since then been using it continuously. The plaintiff filed trademark application no.3024008 for registration of the word mark “PLUTO” on 30.07.2015 claiming user since 21.04.2004. The plaintiff also o