Delhi High Court - Orders
Verizon Trademark Services Llc & Ors vs Amresh Kamat on 20 March, 2025
Author: Jyoti Singh
Bench: Jyoti Singh
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 245/2025
VERIZON TRADEMARK SERVICES LLC & ORS. .....Plaintiffs
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal and Mr. Shivang Sharma, Advocates.
versus
AMRESH KAMAT .....Defendant
Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 20.03.2025
I.A. 7268/2025 (Exemption)
1. Subject to the Plaintiffs filing clearer copies of the documents, which they may seek to place reliance on, within four weeks from today, exemption is granted.
2. Application is allowed and disposed of.
I.A. 7270/2025 (for pre-institution mediation)
3. This application is preferred on behalf of the Plaintiffs 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 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 Plaintiffs from Pre-
CS(COMM) 245/2025 Page 1 of 12This 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 24/03/2025 at 22:08:22 Institution Mediation.
5. Application is allowed and disposed of.
I.A. 7267/2025 (seeking leave to file additional documents)
6. This application is preferred on behalf of the Plaintiffs seeking leave to file additional documents under Order XI Rule 1(4) read with Section 151 CPC.
7. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.
8. Application is allowed and disposed of.
I.A. 7269/2025 (extension of time to file court fee)
9. For the reasons stated in the application, Plaintiffs are permitted to file requisite Court Fees within a period of 10 days from today.
10. Application is allowed and disposed of.
I.A. 7266/2025 (administration of interrogatories)
11. Issue notice to the Defendant, through all permissible modes, returnable before the learned Joint Registrar on 28.05.2025. I.A. 7271/2025 (exemption from filing documents in CD/Pen Drive)
12. Issue notice to the Defendant, through all permissible modes, returnable before the learned Joint Registrar on 28.05.2025. CS(COMM) 245/2025
13. Let plaint be registered as a suit.
14. Upon filing of process fee, issue summons to the Defendant, through all permissible modes, returnable before the learned Joint Registrar on 28.05.2025.
CS(COMM) 245/2025 Page 2 of 12This 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 24/03/2025 at 22:08:22
15. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons. Along with the written statement, Defendant shall also file an affidavit of admission/denial of the documents filed by the Plaintiff.
16. Replication be filed by the Plaintiff within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the Defendant, shall be filed by the Plaintiff.
17. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines prescribed.
18. The Joint Registrar will carry out the admission/denial of documents and marking of exhibits.
I.A. 7265/202519. This application is preferred by the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC, 1908 for grant of an ex-parte ad- interim injunction.
20. Issue notice to the Defendant, through all prescribed modes, returnable on 30.04.2025 before the Court.
21. Reply be filed before the next date of hearing.
22. Plaintiff No. 1/Verizon Trademark Services LLC is a Limited Liability Company organised and existing under the laws of Delaware, USA. Plaintiff No. 1 is an Intellectual Property holding company and proprietor of numerous trademark registrations consisting of or incorporating the trademark VERIZON. Plaintiff No. 1, a part of the Verizon group of companies has granted an exclusive license to Plaintiff No. 2/Verizon Licensing Company for the use of the VERIZON trademarks in connection CS(COMM) 245/2025 Page 3 of 12 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 24/03/2025 at 22:08:24 with various products and services, including communications goods and services, such as the provision of internet and broadband services. Plaintiffs have several group companies in India and Plaintiff No.3/Verizon Communications India Pvt. Ltd. is one of them, with its offices in New Delhi.
23. Plaintiffs are among the world's leading providers of communications, information technology and security products and services. Plaintiffs own and operate one of the most expansive end-to-end global Internet Protocol (IP) networks serving more than 2,700 cities in over 150 countries worldwide, including in India. Plaintiffs have not licensed or otherwise authorized anyone else in India to use the coined and fanciful VERIZON trademarks. Plaintiffs have not licensed or otherwise authorized Defendant to use the coined VERIZON trademarks or any similar marks or names including VERIZON SAFETY, for marketing, advertising, and provision of any goods or services in India or elsewhere. Plaintiffs' communications, information technology, and security services are availed by large businesses and government agencies, including 99% of the Fortune 500, across the world, including in India.
24. Plaintiffs provide a broad range of communications, information technology and security services across the globe. Plaintiffs are one of the world's leading companies involved in developing the next generation communications technology, including 5G. Plaintiffs' network spans six continents and nearly one million route miles, providing Plaintiffs' consumers speed, security, and reliability in the provision of internet and broadband services. Plaintiffs' networking services under the VERIZON trademarks are immensely popular across the world, including in India.
CS(COMM) 245/2025 Page 4 of 12This 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 24/03/2025 at 22:08:24
25. It is averred that in and around the year 2000, Plaintiffs' first coined, adopted and started using the trademark and trade name VERIZON in relation to their operations internationally. Plaintiffs' trademark VERIZON is inherently distinctive and was coined by the Plaintiffs from the Latin word 'Veritas' which connotes certainty and reliability, and 'Horizon' which signifies forward-looking and visionary, thereby epitomizing the genesis of the Plaintiffs' company name.
26. It is further averred that ever since the adoption of the VERIZON trademark, Plaintiffs have used the said trademark extensively, continuously, and successfully in an uninterrupted manner so as to acquire a strong secondary significance in the trademark and trade name VERIZON. The use of the coined trademark and trade name VERIZON as a trading style further cements the association of the mark and name VERIZON with the Plaintiffs.
27. It is also averred that since the adoption of the VERIZON mark, several unique VERIZON logos have been used by Plaintiffs including and . On account of long, continuous and extensive use, as well as the massive popularity enjoyed by the Plaintiffs' VERIZON trademarks, they have become well-known to a substantial segment of the public and are 'well-known trade marks' as per Section 2(1)(zg) of The Trade Marks Act, 1999, thereby deserving the highest degree of protection.
28. Plaintiffs' extensive use of the marks/logos has helped it successfully in creating a strong secondary significance in the trademark and trade name CS(COMM) 245/2025 Page 5 of 12 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 24/03/2025 at 22:08:24 'VERIZON' with respect to their products and services. Plaintiffs' 'VERIZON' trademarks and trade name have developed a stellar reputation worldwide, which is evident from the sales figures of the products under its marks/logo, which have increased from $ 67.2 Billion in 2001 to $ 134 Billion in 2023, a reflection of the popularity of the Plaintiffs' products around the world and the value of the brands that its trademarks/logos signify.
29. It is averred that Plaintiffs' brands over the years received multiple awards and honours such as Best Firms for Women awarded by Analytics India Magazine, 2021 Fast Company's Most Innovative Companies awarded by Fast Company and was Ranked as No. 1 Top US Wireless Carrier by Strategy Analytics, amongst a plethora of other awards.
30. Plaintiffs eventually expanded its business and India is one of the 150 countries of the world where Plaintiffs have made their leading services available under 'VERIZON' trademarks. Plaintiff rigorously invests in publicity and sponsoring of its brands and its advertisements. The extensive promotion undertaken by the Plaintiffs of their goods and services in India has resulted in significant sales accruing to their business in India through Plaintiff No. 3, whose sales have increased from Rs.6,306.07 million in 2013-14 to Rs.7,866.80 million in 2021-22. In India, VERIZON trademarks have proceeded to registration across several classes and Plaintiffs have registrations in more than 200 countries in addition to India.
31. Plaintiffs aver that they have been vigilant in protecting and safeguaring their trademark rights from misuse by third parties by filing multiple law suits against infringers before this Court and have successfully restrained such infringers from violating their trademark rights.
CS(COMM) 245/2025 Page 6 of 12This 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 24/03/2025 at 22:08:25
32. It is averred that Defendant is a partner of a partnership firm Verizon Safety Services. As per the information made available online, the entity or Defendant created a Facebook page (accessible at:
https://www.facebook.com/verizonsafety) in February 2017 and thereafter registered itself with the Central Board of Indirect Taxes and Customs (CBIC) under GST No.: 27AAMFV0456H1ZX on 01.07.2017, which is at least 17 years subsequent to the Plaintiffs' coining, adopting and using the mark and name VERIZON. Defendant is using the trademarks VERIZON, VERIZON SAFETY, VERIZON SAFETY SERVICES, and/or its variants such as , , and illegally and unlawfully.
33. It is stated that the Defendant advertises and promotes himself as allegedly an authorized contractor and service provider for all types· of fire and safety protection products such as fire alarm systems, fire hydrant systems, surveillance systems products such as CCTV cameras and door closer products. As per the information provided on the third-party website(s), the Defendant claims to offer installation, testing, commissioning and maintenance of Fire and Safety Systems, Access Controls, CCTV, Gas Based Fire Suppression Systems etc. and servicing of the products, by misleading potential customers into believing that it is affiliated with the Plaintiffs.
34. To provide his products and services, the Defendant promotes, markets and advertises his products and services through third party online CS(COMM) 245/2025 Page 7 of 12 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 24/03/2025 at 22:08:25 market places such as but not limited to www.indiamart.com, wvvw.justdial.com, www.maharashtradirectory.com, www.bharatibiz.com, www.facebook.com etc.
35. It is averred that Plaintiffs first became aware of the Defendant and his activities complained of in this action in and around first week of February 2025, when the Plaintiffs discovered that the Defendant had third party listings available online pertaining to 'VERIZON SAFETY SERVICES' wherein he alleged to be a service provider of fire protection products, surveillance systems products & door closers etc. Upon visiting and perusing the third party domains containing the information of the Defendant, the Plaintiffs discovered that the Defendant had not only registered the impugned domain name (www.erizonsafety.com) which subsumed the Plaintiffs' well known trademark 'VERIZON', but was also repeatedly using "VERIZON" to promote and advertise his services. It is pertinent to mention here that while Defendant has been promoting his services under the name 'VERIZON SAFETY SERVICES', he is also showcasing himself as having a registered company by the name 'VERIZON SAFETY SERVICES PRIVATE LIMITED.' A search on the Ministry of Corporate Affairs (MCA) website (accessible at www.mca.gov.in) shows that such a registration does not exist, and Defendant has not only adopted a deceptively similar trademark but also is mispresenting himself as a private limited company amounting to false statement, and commission of fraud on general public coming across the alleged services being offered by the Defendant. These frivolous activities of the Defendant also invite actions under the Companies Act, 2013. Screenshot, as brought out in the plaint, CS(COMM) 245/2025 Page 8 of 12 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 24/03/2025 at 22:08:26 wherein Defendant holds himself out as private limited company is scanned and placed below:
[https://www.maharashtradirectory.com/company/verizon-safety-services- pvtltd.html]
36. It is further averred that on the social media page, specifically his Facebook page (www.facebook.com/verizonsafety/), Defendant misrepresents himself as the Plaintiff by unlawfully using the Plaintiffs registered trademark. This deliberate act is intended to create a false association with the Plaintiff, with the mala fide objective of capitalizing on the Plaintiffs goodwill and reputation to gain undue commercial advantage. Screenshot, as brought out in the plaint, is scanned and placed below:
CS(COMM) 245/2025 Page 9 of 12This 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 24/03/2025 at 22:08:26
37. It is stated that on becoming aware, Plaintiffs initiated investigation and internet searches as also physical verification showed that Defendant is trading as Verizon Safety Services and provides installation, testing and commissioning of fire safety products and services etc. His presence is also discovered in multiple online trade directories including Indiamart, Justdial etc. where he prominently uses the mark VERIZON as part of trade name and logo.
38. Mr. Anand, learned counsel for the Plaintiffs submits that Plaintiffs are prior adopters, users and registered proprietors of VERIZON trademarks. VERIZON is a coined mark devoid of meaning in English language and is associated with the Plaintiffs' products and services. The registrations of the mark cover multiple classes and this gives a right to the Plaintiffs to protect their trademarks against infringement by third parties. Being declared as a well-known mark, VERIZON has the highest degree of protection. Defendant's unauthorized use and mala fide adoption of identical mark VERIZON, which is visually, structurally and phonetically similar to Plaintiffs' VERIZON trademarks for similar goods/services leaves no doubt that confusion amongst consumers is inevitable and this amounts to infringement under Section 29 of the 1999 Act.
39. It is further submitted that Defendant has since inception adopted the trademark VERIZON as also the device mark with the mala fide intent of riding upon goodwill and reputation of the Plaintiffs and has been successful in causing confusion among the general public, which fact was admitted by the Defendant in a telephonic conversation with the investigator. Defendant seeks to encash on the stellar reputation of the CS(COMM) 245/2025 Page 10 of 12 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 24/03/2025 at 22:08:26 Plaintiffs' trademarks so as to pass off his goods as that of the Plaintiffs, thereby violating common law rights of the Plaintiffs and this amounts to passing off. For ready reference, a comparative of the rival marks as brought out by the Plaintiffs is as follows:-
40. Having heard learned counsel for the Plaintiffs, this Court is of the view that Plaintiffs have made out a prima facie case for grant of ex parte ad-interim injunction. Balance of convenience lies in favour of the Plaintiffs and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.
CS(COMM) 245/2025 Page 11 of 12This 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 24/03/2025 at 22:08:26
41. Accordingly, Defendant, its directors, partners, proprietors, principal officers, servants, agents and distributors and all other acting on its behalf are restrained from marketing, selling, offering, or making for sale or providing goods and /or services, or in any manner using the trademark and trade name 'VERIZON', 'VERIZON SAFETY', 'VERIZON SAFETY SERVICES', and/or any other variants such as , the domain name www.verizonsafety.com, the email address [email protected] and [email protected], and any other websites, email accounts, or digital assets incorporating the VERIZON mark or any other word, designation, label etc. similar thereto, and other marks containing or comprising of the Plaintiffs, amounting to infringement and passing off, till the next date of hearing. Defendant is directed to remove all his listings on third party websites for products or services under the aforesaid trademarks of the Plaintiffs within a period of three weeks from today.
42. Plaintiffs shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from today.
JYOTI SINGH, J MARCH 20, 2025/shivam CS(COMM) 245/2025 Page 12 of 12 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 24/03/2025 at 22:08:27