Delhi High Court - Orders
Vishnu And Company Trademarks Pvt Ltd vs Mr. Dharmani Deni And Ors on 23 January, 2026
Author: Jyoti Singh
Bench: Jyoti Singh
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1341/2025
VISHNU AND COMPANY TRADEMARKS PVT LTD .....Plaintiff
Through: Mr. Dushyant K. Mahant and Mr.
Vimlesh Kumar, Advocates.
versus
MR. DHARMANI DENI AND ORS .....Defendants
Through:
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 23.01.2026 I.A. 31320/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
I.A. 31321/2025 (for pre-institution mediation)
3. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 of CPC seeking exemption from Pre-Institution Mediation.
4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.
5. Application is allowed and disposed of.
I.A. 31319/2025 (u/O XI Rule 1 (A) of Commercial Courts Act, 2015 r/w Section 151 CPC)
6. This application is filed on behalf of the Plaintiff seeking to place on CS(COMM) 1341/2025 Page 1 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 record additional documents within 30 days.
7. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.
8. Application is allowed and disposed of.
CS(COMM) 1341/2025
9. On 08.01.2026, the matter was adjourned for the counsel to satisfy the Court on the maintainability of the suit owing to the fact that Plaintiff had earlier instituted CS (COMM) No. 909/2024 against Defendants No. 1 and 2, in which interim injunction order was passed on 18.10.2024 and finally the suit was decreed on 09.04.2025.
10. Learned counsel for the Plaintiff submits that the only remedy available to the Plaintiff is to file a fresh suit since a fresh cause of action has arisen in favour of the Plaintiff and most of the Defendants herein were not Defendants in the earlier suit. To support his plea, learned counsel relies on the judgment of the Supreme Court in Bengal Waterproof Limited v. Bombay Waterproof Manufacturing Company and Another, (1997) 1 SCC 99, wherein the Supreme Court while inter alia dealing with a similar issue, held that the cause of action for filing the second suit was the continuous and recurring infringement of Plaintiff's trademark by the Defendants as also the alleged passing off action on the part of the Defendants in selling their goods as those of the Plaintiffs and such infringement and/or passing off would give recurring cause of action. It was also held that wherever and whenever fresh deceitful act is committed, the person deceived will naturally have a fresh cause of action in his favour. Reliance is also placed on the judgment of the Division Bench of this Court in Ganesh Gouri Industries and Others v. R.C. Plasto Tanks and Pipes Private Limited, 2024 SCC CS(COMM) 1341/2025 Page 2 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 OnLine Del 5359 for the same proposition. Learned counsel also hands over a chart highlighting the difference in the cause of action as also the parties in the earlier suit and the present suit.
11. After hearing learned counsel for the Plaintiff and on perusal of the plaint as also the judgments aforementioned, this Court is satisfied that present suit is maintainable.
12. Let plaint be registered as a suit.
13. Upon filing of process fee, issue summons to the Defendants through all permissible modes, returnable before the learned Joint Registrar on 23.02.2026.
14. Summons shall state that the written statements shall be filed by the Defendants within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff.
15. It will be open to the Plaintiff to file replications within the stipulated time from the date of receipt of written statements along with affidavits of admission/denial of documents filed by the Defendants.
16. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.
17. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.
I.A.31318/2025 (u/O XXXIX Rules 1 and 2 r/w Section 151 of CPC)
18. This application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.
19. Issue notice to the Defendants, through all permissible modes, returnable on 12.03.2026 before Court.
CS(COMM) 1341/2025 Page 3 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23
20. It is stated that Plaintiff is a company incorporated under laws of India and proprietor of VIMAL family of trademarks, under which Plaintiff conducts its business of chewing tobacco, pan masala, zarda, gutkha, khaini, silver coated elaichi, kesar, scented and sweet supari, mouth fresheners etc., through its franchises. Business of the Plaintiff across India is limited to only two products under the brand VIMAL i.e., VIMAL Elaichi and Pan Masala (non-tobacco). It is stated that trademark VIMAL was originally adopted by Mr. Kishandas Shamlal Lalwani in the year 1986 when no other entity was using the said trademark for similar products. He also applied for the registration in his favour, which was subsequently granted. Plaintiff's predecessor in the business M/s Vishnu & Company, a partnership firm had adopted the trademark VIMAL, which was transferred to the Plaintiff vide Deed of Assignment dated 11.05.2007. The details of trademark applications/ registrations of the Plaintiff are as follows:-
CS(COMM) 1341/2025 Page 4 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 CS(COMM) 1341/2025 Page 5 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 CS(COMM) 1341/2025 Page 6 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 CS(COMM) 1341/2025 Page 7 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 CS(COMM) 1341/2025 Page 8 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23
21. It is stated that Plaintiff's products under trademark VIMAL have been widely promoted inter alia through print and audio-visual media including television programmes, social networking websites, advertisements, articles and writeups appearing in leading newspapers, magazines, journals, etc., all of which enjoy a wide viewership, circulation and readership all over India. Plaintiff's products under trademark VIMAL are being promoted by famous film stars like Mr. Ajay Devgan, Mr. Shah Rukh Khan, Mr. Akshay Kumar, Mr. Tiger Shroff and Ms. Amaira Dastur, as brand ambassadors.
CS(COMM) 1341/2025 Page 9 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23
22. It is stated that Plaintiff has copyright in the unique and novel artistic work in the labels/trade dress, created by its employees. Plaintiff enjoys registrations in the VIMAL trademarks in various other countries such as Bahrain, Kuwait, Jordan, Muscat, Saudi Arabia etc. By virtue of prior, long and continuous use for the last over 30 years by the Plaintiff, the trademark VIMAL is exclusively associated with the goods emanating from the Plaintiff and hence any use by a third party is bound to cause confusion and would amount to infringement. The goodwill and reputation earned by the Plaintiff is evident from the revenues earned in the last many years as follows:-
23. It is stated that Plaintiff has spent substantial sums of money in advertising and promoting its single product VIMAL ELAICHI. Plaintiff has been pro-active and diligent in protecting its statutory and common law rights and wherever and whenever any third party attempted to infringe the VIMAL mark or pass off its goods as that of the Plaintiff, legal action has been taken.
CS(COMM) 1341/2025 Page 10 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23
24. It is stated that Defendants No. 1 and 2 are habitual infringers and in the earlier suit CS (COMM) No. 909/2024, filed by the Plaintiff, they were injuncted as they were found to be representing actively on rogue websites that the goods sold by them were on Plaintiff's genuine website. In July- October, 2025, Plaintiff discovered that Defendants No. 1 and 2 were again misrepresenting themselves as Plaintiff's authorized dealers and had launched the following websites. They were also found to be actively infringing the VIMAL mark and passing off the goods on the following Facebook pages, LinkedIn and 'X':-
CS(COMM) 1341/2025 Page 11 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23
25. It is stated that Defendants No. 1 and 2 are promoting VIMAL GHUTKA on the impugned websites and social media handle claiming themselves to be in business of VIMAL GHUTKA pan-India. Defendant No. 1 is claiming to have pan-India network of selling Pan Masala containing chewing tobacco under brand VIMAL, which is wholly illegal in light of the ban imposed by the Supreme Court. Perusal of the websites shows that their look and feel is virtually identical to the look and feel of Plaintiff's websites and Plaintiff's marks are prominently displayed on the impugned websites. It is obvious that Defendants No. 1 and 2 are advertising and selling the products under Plaintiff's mark VIMAL, unauthorizedly and for unlawful gains. Plaintiff verily believes that Defendants may be involved in sale of counterfeit products, which is detrimental to the consumers and public interest as also to the goodwill and reputation of the Plaintiff. Additionally, rogue websites and links are depicting forged and fabricated pictures, wherein brand ambassadors are shown to be promoting ghutka pouches.
26. Learned counsel for the Plaintiff submits that Defendants No. 1 and 2 are actively indulging in defrauding customers by unauthorizedly adopting the VIMAL trademarks leading to infringement of the registered trademarks. It is urged that the activities of the said Defendants are causing severe damage to the goodwill and reputation of the VIMAL trademarks built over CS(COMM) 1341/2025 Page 12 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 the years and therefore, restraint order be passed against the said Defendants.
27. Heard learned counsel for the Plaintiff.
28. Plaintiff is the proprietor of VIMAL family of trademarks and is engaged in the business of Elaichi, Pan Masala etc. since 1986. The trademarks are registered and by virtue of registrations, Plaintiff has acquired the statutory right under Section 28 of The Trade Marks Act, 1999 to use the trademarks exclusively and restrain third parties from infringing them. Plaintiff has furnished details of its increasing revenues as also substantial expenses incurred on promotion of the VIMAL trademarks in the plaint.
29. Plaintiff has prima facie demonstrated that Defendants No. 1 and 2 are misrepresenting to the public at large that the impugned websites are being run by the Plaintiff, whereas these are fake websites. Defendants No. 1 and 2 have dishonestly adopted the VIMAL trademarks and are advertising and selling identical products, without consent or authorization from the Plaintiff, thereby infringing the registered VIMAL marks and also passing off their goods misrepresenting them to be those of the Plaintiff. Plaintiff has built a formidable reputation over the years and Defendants No. 1 and 2 are attempting to ride on its reputation, which will detrimental to Plaintiff's reputation. Plaintiff has rightly flagged that it manufactures its products under strict quality control and there is every possibility that Defendants No. 1 and 2 are selling low quality counterfeit products, which will be not only harm the Plaintiff but also members of public, who may be buying the products under an impression that they emanate from the house of the Plaintiff. As an illustration, two of the screenshots are captured hereunder:-
CS(COMM) 1341/2025 Page 13 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23
30. Based on the averments in the plaint, documents filed with the plaint and submissions made by the counsel, I am of the view that Plaintiff has made out a prima facie case for grant of ex parte ad interim injunction.CS(COMM) 1341/2025 Page 14 of 17
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case ex parte ad interim injunction as prayed for, is not granted.
31. Accordingly, the following directions are issued:-
(a) Till the next date of hearing, Defendants No. 1, 2 and 13 and all others acting on their behalf are restrained from using Plaintiff's registered trademark VIMAL or any other mark identically or deceptively similar or the trade dress of the Plaintiff, on any platform and in any manner whatsoever, amounting to infringement of the registered trademark VIMAL and copyright vested in the Plaintiff and/or passing off.
(b) Defendant No. 3 is directed to block/remove the following URLs:-
(i) www.facebook.com/vimalpanmasalacompany/;
(ii) www.facebook.com/groups/213009777000907/user/1000933 87181261;
(iii) https://www.facebook.com/vimalpanmasalaofficial;
(iv) https://www.facebook.com/vishnuexportcompany and Instagram handle @vimalgutkhacompany. Defendant No.3 shall provide Basic Subscriber Information in respect of the above URLs in a password protected document or sealed cover to the Court.
(c) Defendant No.4 shall provide Basic Subscriber Information including details of IP logs, names, addresses, phone numbers etc. of the persons operating the said e-mail IDs, in a sealed cover or password protected document to the Court.
(d) Defendant No.5 shall block the infringing pages https://www.linkedin.com/in/vimal-paanmasala-864808104/, CS(COMM) 1341/2025 Page 15 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23 https://www.linkedin.com/in/vimalgutkhacompany/ and https://www.linkedin.com/in/vimalpanmasala/ and disclose complete details such as IP logs, name, address, email, phone number, etc. of the persons operating the said pages, in a sealed cover or password protected document.
(e) Defendant No.6 is directed to suspend/block the domain names vimalgutkhacompany.in, vimalgutkha.net, vimalgutkhaexport quality.com, vimalgutkhacompany.com and www.vishnuexport company.com/ and disclose complete details such as IP logs, names, addresses, e-mail IDs, phone numbers, payment gateway, bank account, etc. of persons registering/operating these domain names in a sealed cover or password protected document to the Court.
(f) Defendant No.7 is directed to suspend/block domain name vimalgutkha.co.in and disclose complete details such as IP logs, names, addresses, e-mail IDs, phone numbers, payment gateway, bank account, etc. of persons registering/operating these domain names in a sealed cover or password protected document to the Court.
(g) Defendant No.8 shall block infringing pages
https://x.comlvishnuexport, https://x.com/vimalcompany,
https://x.com/Vimal_Gutkha and https://x.com/adaabgutkha;
and disclose complete details such as IP logs, name, address, email, phone number, etc. of the persons operating the said pages in a sealed cover or password protected document to the Court.
CS(COMM) 1341/2025 Page 16 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23
32. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from today.
JYOTI SINGH, J JANUARY 23, 2026 S.Sharma CS(COMM) 1341/2025 Page 17 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 20:31:23