Bptp Limited vs Confido Landbase Private Limited & Ors on 29 May, 2025

[Cites 3, Cited by 0]

Delhi High Court - Orders

Bptp Limited vs Confido Landbase Private Limited & Ors on 29 May, 2025

Bench: Amit Bansal

                          $~20
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 562/2025 with I.A. 14034/2025, I.A. 14035/2025, I.A.
                                    14036/2025, I.A. 14037/2025 & I.A. 14038/2025
                                    BPTP LIMITED                                                    .....Plaintiff
                                                                  Through:            Mr. Ankur Sangal, Ms. Pragya
                                                                                      Mishra and Ms. Amrit Sharma,
                                                                                      Advocates.

                                                                            versus

                                    CONFIDO LANDBASE PRIVATE
                                    LIMITED & ORS.                                                                  .....Defendants
                                                   Through: None.

                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT BANSAL
                                                                  ORDER

% 29.05.2025 I.A. 14038/2025 (exemption from filing originals, certified/ typed/ translated/ legible copies of documents, etc.)

1. Allowed, subject to the plaintiff filing certified/ typed/ translated/ legible copies of documents within four (4) weeks from today.

2. The plaintiff is exempted from filing the originals at this stage.

3. The application stands disposed of.

I.A. 14036/2025 (u/O-XI Rule 1(4) of the CPC)

4. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.

5. The plaintiff is permitted to file additional documents in accordance CS(COMM) 562/2025 Page 1 of 8 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 27/06/2025 at 23:18:02 with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018 within thirty (30) days.

6. Accordingly, the application is disposed of.

I.A. 14037/2025 (u/s 149 of the CPC)

7. Mr. Ankur Sangal, counsel appearing for the plaintiff, submits that the requisite court fees shall be paid within one (1) week.

8. The aforesaid statement of counsel for the plaintiff is taken on record.

9. The application is disposed of.

I.A. 14035/2025 (u/s 12A of the Commercial Courts Act, 2015)

10. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.

11. The application stands disposed of.

CS(COMM) 562/2025

12. Let the plaint be registered as a suit.

13. None appears on behalf of the defendants despite advance service.

14. Issue summons.

15. Summons be issued to the defendants through all permissible modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty (30) days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/ denial of the documents of the plaintiff, without which the written statement(s) shall not be taken on record.

16. Liberty is given to the plaintiff to file replication(s), if any, within thirty (30) days from the receipt of the written statement(s). Along with the CS(COMM) 562/2025 Page 2 of 8 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 27/06/2025 at 23:18:02 replication(s) filed by the plaintiff, affidavit(s) of admission/ denial of the documents of the defendants be filed by the plaintiff.

17. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case the parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

18. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

19. List before the Joint Registrar on 11th August, 2025 for completion of service and pleadings.

20. List before the Court on 29th October, 2025.

I.A. 14034/2025 (u/O-XXXIX Rules 1 and 2 of the CPC)

21. The present suit has been filed seeking relief of permanent injunction restraining infringement of the plaintiff's trademark and passing off, along with other ancillary reliefs.

22. The plaintiff, incorporated on 11th August, 2003, is one of the leading developers of residential projects such as luxury apartments and townships, commercial projects such as office complexes, retail spaces, business parks and mixed-use development projects which combine residential, commercial and retail elements to create self-sustaining communities.

23. The plaintiff has developed significant urban real estate across key locations and has more than 35 projects in its portfolio. As on date, it has developed and delivered approximately 24,500 units.

24. The plaintiff adopted the mark BPTP in the year 2003 and has been using the same since then. The mark BPTP has been derived from the name CS(COMM) 562/2025 Page 3 of 8 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 27/06/2025 at 23:18:02 'Business Park Town Planner Limited'. The plaintiff also adopted and has been using the unique device in relation to all its projects.

25. The plaintiff has newly launched its project, namely, BPTP Amstoria Verti-Greens, which is a multi-storeyed residential project located in Gurugram. The aforesaid project has been recently awarded as the 'Iconic Project Launch of the year 2025' and 'Unique Design Concept of the Year 2025'. An illustrative list of various awards conferred on the plaintiff is given in paragraph no.26 of the plaint.

26. The plaintiff also opertes a website, accessible at www.bptp.com, which domain was registered on 20th November, 2000. The aforesaid website provides information about the plaintiff's projects and developments including its BPTP Amstoria Verti-Greens project and the same is accessed by consumers across the world. The plaintiff also undertakes regular promotional activities to advertise its projects under the BPTP marks including through its profiles on various social media platforms such as Instragram, LinkedIn and Facebook.

27. The details of the plaintiff's trade mark registrations in various classes are given in paragraph no.19 of the plaint. Pertinently, the plaintiff's earliest registration for the mark dates back to the year 2006.

28. On 3rd February, 2025, the plaintiff received a Show Cause Notice from Haryana Real Estate Regulatory Authority ('HARERA') through which it became aware that the defendants no.1 to 5 have been unauthorizedly using the plaintiff's BPTP marks to spread misinformation about a non-existent residential project titled 'BPTP Lutyens 102' situated in CS(COMM) 562/2025 Page 4 of 8 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 27/06/2025 at 23:18:02 Sector 102, Dwarka Expressway, Gurugram. The aforesaid Show Cause Notice received by the plaintiff alleged that it is promoting and advertising its project without the requisite permission from the Regulatory Authority.

29. It is submitted that the defendants no.1 to 5 are prominently using the BPTP marks on their webpages/ websites with regard to the afreosaid non- existent project. The plaintiff has also filed the screenshots from the website of the defendants substantiating the aforesaid along with the plaint. A representative screenshot of the defendant no.2's webpage is reproduced below:

30. The plaintiffs therefore issued legal notices to the defendants no.1, 2, 3 and 5 on 7th February, 2025 directing them to take down all material containing misleading information about the plaintiff's project. The plaintiff further issued public notices in newpapers on 27th October, 2024 and 10th February, 2025 calling upon any and all parties not to indulge in false promotion of residential projects in the name of the plaintiff.

CS(COMM) 562/2025 Page 5 of 8

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 27/06/2025 at 23:18:02

31. The plaintiff sent an email on 11th January, 2025 to the defendant no.5, the plaintiff's channel partner, informing that the plaintiff is not issuing any promotional material about its project in Section 102, Dwarka Expressway, Gurugram and directed the defendant no.5 to remove all such promotional material.

32. The plaintiff, on 10th February, 2025, also replied to the aforesaid Show Cause Notice sent by HARERA informing about the steps taken by it against the aforesaid fraudulent activities and stated that such activities were not being done at the behest of the plaintiff.

33. Since the defendants no.1, 2, 3 and 5 did not remove the unauthorized webpages, the plaintiff once again issued legal notice on 15th February, 2025 to the defendants no. 1 to 5, calling upon them to immediately stop using, reproducing and distributing unauthorized promotional material containing the plaintiff's BPTP marks to promote the non-existent residential project. However, none of the notices have been replied to by the defendants.

34. Based on the averments made in the plaint, the plaintiff has established its statutory and common law rights over the BPTP marks.

35. In view of the above, a prima facie case of infringement and passing off is made out on behalf of the plaintiff in its favour. Clearly, an attempt has been made by the defendants to create an impression that the impugned services and listings of the defendants are associated and connected with those of the plaintiff.

36. Balance of convenience is in favour of the plaintiff and against the defendants. Irreparable loss, harm and injury would be caused to the plaintiff if the aforesaid defendants continue to use the plaintiff's BPTP marks. Prejudice would also be caused to the public as the defendants' impugned CS(COMM) 562/2025 Page 6 of 8 This is a digitally signed order.

37. None appears on behalf of the defendants despite advance service.

38. Issue Notice.

39. Notice be issued to the defendants via all permissible modes, including e-mail.

40. Reply(ies) be filed within four (4) weeks.

41. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

42. Consequently, till the next date of hearing, the defendants, their proprietors, partners/ directors, principal officers, servants, distributors, dealers, agents and all others acting for and on behalf of the defendants are restrained from advertising, promoting and/ or offering for sale, directly or indirectly dealing in any services under the plaintiff's marks BPTP, , BPTP AMSTORIA VERTI-GREENS and/ or any other trade mark identical with or deceptively similar to the aforesaid trade marks of the plaintiff.

43. Further, the defendants are directed to take down any and all webpages/ websites/ social media posts using the plaintiff's BPTP marks, as mentioned in paragraph no.20 of the plaint, or any other URL/ domain name/ webpages/ websites/ social media posts bearing the plaintiff's marks BPTP, , BPTP AMSTORIA VERTI-GREENS and/ or any other trade mark identical with or deceptively similar to the aforesaid trade marks of the plaintiff, which are discovered during the pendency of the suit and brought to the notice of the defendants.

44. Compliance of Order XXXIX Rule 3 of the Code of Civil Procedure, CS(COMM) 562/2025 Page 7 of 8 This is a digitally signed order.

45. List before the Joint Registrar on 11th August, 2025 for completion of service and pleadings.

46. List before the Court on 29th October, 2025.

AMIT BANSAL, J MAY 29, 2025 Vivek/-

CS(COMM) 562/2025 Page 8 of 8

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 27/06/2025 at 23:18:02

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Delhi High Court - Orders