Delhi High Court - Orders
Godrej Properties Ltd vs Godrejmumbai.In & Ors on 30 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1157/2025 & I.A. 26803-26808/2025
GODREJ PROPERTIES LTD. .....Plaintiff
Through: Mr. Pravin Anand, Mr. Shrawan
Chopra, Mr. Achyut Tewari and Ms.
Krisha Baweja, Advs.
versus
GODREJMUMBAI.IN & ORS. .....Defendants
Through: Ms. Nidhi Raman, CGSC with Mr.
Om Ram and Mr. Mayank Sansanwal,
Advs. for D-5 and D-6
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 30.10.2025 I.A. 26804/2025
1. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ['CPC'] [as amended by the Commercial Courts Act, 2015] read with Section 151 CPC, within thirty (30) days.
2. The Plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ['DHC Rules'].
3. For the reasons stated in the application, the same is allowed.
4. Accordingly, the application is disposed of.
I.A. 26805/20255. This is an application under Section 12A of the Commercial Courts CS(COMM) 1157/2025 Page 1 of 13 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 03/11/2025 at 22:38:52 Act, 2015 read with Section 151 CPC, filed by the Plaintiff seeking exemption from instituting pre-litigation mediation.
6. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiff.
7. Accordingly, the application stands disposed of.
I.A. 26806/20258. This application under Section 151 CPC, has been filed by the Plaintiff seeking exemption from filing clearer and certified copies of certain documents.
9. Subject to the Plaintiff filing the clearer and certified copies of the documents, mentioned at paragraph 3 of the captioned application, within four (4) weeks, the application is allowed.
10. Accordingly, the application stands disposed of.
I.A. 26807/202511. This is an application filed under Section 151 CPC on behalf of the Plaintiff seeking exemption from serving 2 months' notice on the Government of India (Pro Forma Defendant Nos. 5 and 6) at this stage.
12. It is stated that Ministry of Electronics and Information Technology (MeitY)/Defendants No. 5 and the Department of Telecommunications (DoT)/Defendant No. 6 have been impleaded as Proforma defendants to ensure enforcement and compliance with this Court's orders.
13. Issue notice. Ms. Nidhi Raman, CGSC accepts notice.
14. Keeping in view the fact that the said defendants are proforma 1 (2024) 5 SCC 815 CS(COMM) 1157/2025 Page 2 of 13 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 03/11/2025 at 22:38:52 defendants, exemption prayed for is allowed.
I.A. 26808/202515. This is an application filed under Section 151 of the Code of Civil Procedure, 1908 on behalf of the Plaintiff seeking exemption from advance service to the Defendant Nos. 1 to 3.
16. Learned counsel for the Plaintiff states that no details of Defendant Nos. 1 to 3 are available for service. He states that service has been affected on the remaining Defendants.
17. In view of the aforesaid submission, the exemption from effecting advance service upon the Defendant Nos. 1 to 3 is granted.
18. Accordingly, the application stands disposed of. CS(COMM) 1157/2025
19. Let the plaint be registered as a suit.
20. The Plaintiff will file amended memo of parties with respect to Defendant Nos. 1 to 3, within one (1) week after it receives BSI details from Defendant Nos. 4 and 8 respectively.
21. Thereafter, summons be issued to Defendant Nos. 1 to 3 by all permissible modes on filing of process fee.
22. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavit(s) of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.
23. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavit of admission/denial in respect of the documents CS(COMM) 1157/2025 Page 3 of 13 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 03/11/2025 at 22:38:52 filed by Defendants, failing which the replication shall not be taken on record.
24. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
25. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
26. No summons is being issued to Defendant Nos. 4, 5, 6 and 8 since there just proforma parties.
27. Defendant no. 7 has been impleaded as a John Doe. The Plaintiff is granted liberty to implead any new entity indulging in the infringing action alleged in the suit until six (6) months from today and no further.
28. List before the learned Joint Registrar (J) on 25.11.2025
29. List before Court on 24.03.2026.
I.A. 26803/202530. This is an application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the plaintiff.
31. Case set up in the plaint is as under:
31.1 The Plaintiff, is a part of the well-known Godrej Industries Group, engaging primarily in real estate development. Since its inception in 1990, Plaintiff has established itself as a leading name in the Indian real estate sector, earning numerous national and international awards, and has been featured in the Dow Jones Sustainability Indices and the Sustainability Yearbook 2025 for its ESG2 performance.
31.2 The Plaintiff, has pioneered several landmark developments in India's 2 Environmental, Social and Governance factors CS(COMM) 1157/2025 Page 4 of 13 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 03/11/2025 at 22:38:52 real estate sector, including Planet Godrej, Mumbai's tallest occupied building in 2008, and 'The Trees', one of India's most sustainably planned mixed-use projects, which achieved record sales of over INR 1,200 crore within six months of its 2015 launch. Its CII-Godrej Green Building Center in Hyderabad was the first LEED Platinum building outside the U.S. and the highest-rated globally at the time. The Plaintiff has executed numerous projects across major Indian cities details of which are given at paragraph 8 of the plaint.
31.3 The Plaintiff is the registered proprietor of the trademarks 'Godrej Properties' (word mark) under Class 37 and 'GODREJ' and its variants under various classes, including Classes 36 and 373, covering its real estate ventures. These registrations are valid, subsisting. According to the list of the Well-known Trademarks as of 10.02.2025, issued by the Trademarks Registry4, the trademark 'GODREJ' has been officially recognized as a well-known mark. Additionally, the WIPO Arbitration and Mediation Center, in cases 'Godrej Consumer Products Pvt. Ltd. v. Chris Peri'5 and 'Godrej Consumer Products Pvt. Ltd. v. David Michaud'6, acknowledged 'GODREJ' as a major household name in India and a distinctive mark with substantial reputation, affirming its strong global recognition. It is stated that the word GODREJ has been derived from the founders' surname. 31.4 The Plaintiff has continuously used the trademark 'GODREJ' and its variants since 1996, establishing extensive use, reputation, and investment. As part of the Godrej Industries Group, the Plaintiff's adoption of the 'GODREJ' mark in real estate has enhanced the brand's goodwill, making it 3 List of the Plaintiff's registered trademarks is given at paragraph 9 of the plaint.
4Annexed as document no. 16, filed along with the plaint.
5Case No. D2011-0023.
CS(COMM) 1157/2025 Page 5 of 13This 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 03/11/2025 at 22:38:52 a unique identifier of its services. In the financial year 2024-25, the Plaintiff achieved total revenues of Rs. 6,967.05 crore and incurred marketing and advertising expenses of Rs. 401.30 crore, details of which are given at paragraph nos. 18 and 19 of the plaint.
31.5 The Plaintiff owns the copyright in its distinctive
' logo, featuring the cursive multicolored
'GODREJ' in green, blue, and pink, followed by the bold black 'PROPERTIES'. This original artistic work, protected under Section 2(c) and Section 14(c) of the Copyright Act, 1957, has become uniquely associated with the Plaintiff's goods and services. 31.6 The Plaintiff owns and operates the domain and website www.godrejproperties.com, a key digital platform used to advertise its services, provide corporate information, engage customers, and support sales, attracting tens of thousands of visitors monthly. The domain was lawfully acquired and serves as a vital source identifier and intellectual property asset equivalent to a trademark. The website's unique design, content, images, and text constitute original artistic and literary works under Sections 2(c) and 2(o) of the Copyright Act, 1957, granting the Plaintiff exclusive rights against unauthorized reproduction or use. Further, the domain name incorporates the trademark 'GODREJ', and any deceptively similar domain or use amounts to infringement and passing off of the Plaintiff's trademarks 'GODREJ' and 'GODREJ PROPERTIES'. Defendants infringing acts 6 Case No. D2011-0024.
CS(COMM) 1157/2025 Page 6 of 13This 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 03/11/2025 at 22:38:52
32. It is stated that in September 2025, the Plaintiff discovered several unauthorized websites/webpages unlawfully using its trademarks 'GODREJ' and 'GODREJ PROPERTIES' to mislead the public into believing they were affiliated with the Plaintiff.
32.1. It is stated that the Defendant No. 1's website7 has been deliberately designed to deceive unsuspecting customers into believing it is connected with the Plaintiff. It prominently uses the Plaintiff's trademark 'GODREJ' in its domain name, website content, and headers, as well as the mark 'Godrej Properties' across various pages including the homepage and contact page. The website falsely portrays itself as operating in the real estate business, identical to that of the Plaintiff, unlawfully reproducing the Plaintiff's copyrighted materials, including images, layouts, and textual content from the Plaintiff's official godrejproperties.com website. It is stated that it also misleads users by featuring a chat box with an unidentified person posing as a representative of the Plaintiff, and by copying names, visuals, floor plans, and addresses of the Plaintiff's genuine real estate projects to reinforce the false impression of affiliation. The Defendant No. 1 has replicated detailed company and project information, amenities, and even embedded YouTube videos belonging to the Plaintiff, while also using Plaintiff's 'GODREJ' trademark as its browser favicon, thereby infringing the Plaintiff's trademark and copyright rights and intentionally passing off its services as those of the Plaintiff.
32.2. It is stated that Defendant No. 1 is a domain name and Defendant No. 4 is its DNR. It is stated that on the website hosted on this domain name, no contact details of the owner of the said website are available. It is stated that 7 Details of the website is mentioned at paragraph 39 of the plaint.
CS(COMM) 1157/2025 Page 7 of 13This 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 03/11/2025 at 22:38:52 a notice for take down was sent to Defendant No. 4, however, no action has been taken by the said DNR.
32.3. It is stated that the Defendant No. 2 website8, godrejpropertiesmahalaxmi.in, has been deceitfully created to mislead customers into believing it is affiliated with the Plaintiff. It unlawfully uses the Plaintiff's trademarks 'GODREJ' and 'GODREJ PROPERTIES' in its domain name and website content, imitating the Plaintiff's real estate business. The website copies images, text, and project details; particularly those of the Plaintiff's genuine project 'Godrej Avenue Eleven' in Mahalaxmi, Mumbai; along with amenities, floor plans, and YouTube videos from the Plaintiff's official site. It even includes a fake chat box posing as a representative of the Plaintiff and uses the 'GODREJ' favicon. 32.4. It is stated that Defendant No. 2 is a domain name and Defendant No. 4 is its DNR. It is stated that on the website hosted on this domain name no contact details of the owner of the said website are available. It is stated that a notice for take down was sent to Defendant No. 4, however, no action has been taken by the said DNR.
32.5. It is stated that the Defendant No. 3 is a webpage9, propertycloud.in/properties/explore/godrej-worli/, created to mislead consumers into believing it is connected with the Plaintiff. It unlawfully uses the Plaintiff's trademarks 'GODREJ' and 'GODREJ PROPERTIES' in its domain and content, imitating the Plaintiff's real estate business. The webpage reproduces images and descriptions from the Plaintiff's genuine project 'Godrej Worli' in Mumbai and even provides a fake chat box posing 8 Details of the website is mentioned at paragraph 41 of the plaint.
9Details of the website is mentioned at paragraph 43 of the plaint.
CS(COMM) 1157/2025 Page 8 of 13This 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 03/11/2025 at 22:38:52 as a company representative. It further entices customers with false 'Best Offers' and payment plan for apartments, thereby infringing the Plaintiff's trademarks and copyrights and fraudulently passing off its webpage as that of the Plaintiff.
32.6. It is stated that this webpage of Defendant No. 3 is hosted on 'propertycloud.in', however the details of the person operating the webpage are unavailable. It is stated that Defendant No. 8 is the registrant of the domain name 'propertycloud.in'.
32.7. It is stated that a legal notice dated 29.09.2025 was issued to Defendant No. 4/DNR for seeking immediate takedown and suspension of the infringing websites impleaded as Defendant No. 1 and 2. 32.8. It is stated that Defendants Nos. 1 to 3's infringing websites/webpage are deceptively similar to the Plaintiff's official site, www.godrejproperties.com. The infringing websites/webpage by copying the content, layout, and trademarks of the Plaintiff's official website are seeking to mislead consumers into believing they are authorized by the Plaintiff and the Defendants are trying to exploit its goodwill in the real estate business, with disclaimers hidden in fine print to avoid detection. Submissions by the Plaintiff
33. Mr. Pravin Anand, learned counsel for the Plaintiff submits that the Plaintiff, as the registered proprietor of the trademarks 'GODREJ' and 'GODREJ PROPERTIES', holds exclusive rights over these marks under the Trademarks Act, 1999. He states that Defendants Nos. 1 to 3 have maliciously misused these trademarks by creating deceptively similar websites that mislead consumers into believing they are associated with the Plaintiff, such imitation not only causes confusion among the public but also CS(COMM) 1157/2025 Page 9 of 13 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 03/11/2025 at 22:38:52 risks serious harm, as the impugned websites collect users' personal data under false pretences. He states that the Defendants' deliberate copying of the Plaintiff's marks, trade name, website layout, and color scheme amounts to trademark infringement and passing off, necessitating immediate restraint of their infringing online activities.
33.1 He relied upon the order dated 26.03.2021, passed by the coordinate Bench in CS (COMM) No. 154 of 2021, whereby the Court granted an ex- parte ad-interim injunction directing the suspension of infringing domain names that constituted trademark and copyright infringement, passing off, and misrepresentation of the Plaintiff's domain and website www.godrejproperties.com.
33.2 He states that the Defendants' unauthorized use of the impugned marks, logos, domain names, and webpages constitutes false trade description under the Trade Marks Act, 1999, as it misleads the public into believing a false association or authorization from the Plaintiff. This deceptive use dilutes and weakens the goodwill and distinctiveness of the Plaintiff's trademarks 'GODREJ' and 'GODREJ PROPERTIES', causing erosion of reputation and loss of exclusivity that distinguishes the Plaintiff's legitimate business in the real estate sector.
33.3 He states that the Defendants' unauthorized use of the Plaintiff's trademarks 'GODREJ' and 'GODREJ PROPERTIES', along with the copied website design, logos, and content, has caused and continues to cause significant pecuniary loss, dilution of goodwill, and damage to reputation. 33.4 He submits that Plaintiff also has a genuine apprehension that if the consumers are misled by the Defendants and ensnared into making investments, it may attract penalties against the Plaintiff by the regulator CS(COMM) 1157/2025 Page 10 of 13 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 03/11/2025 at 22:38:52 under RERA ['Real Estate Regulatory Authority']. He seeks liberty to place on record notices received from the regulator.
Findings and Directions
34. This Court has heard the learned counsel for the Plaintiff and has perused the record.
35. Learned counsel for the Plaintiff states that the advance service has been affected on Defendant No. 4 and Defendant No. 8. However, none appears on behalf of the said Defendants.
36. Plaintiff is the registered proprietor of the marks 'GODREJ' and 'GODREJ PROPERTIES' and has been using these marks since 1996. The Plaintiff owns and operates the domain and website www.godrejproperties.com, which includes the Plaintiff's trademark 'GODREJ PROPERTIES'.
37. On a bare perusal of the screenshots of the websites/webpage operated by Defendants Nos. 1 to 3 attached at paragraph nos. 39, 41 and 43 of the plaint, it is evident that the impugned websites/webpage have unlawfully reproduced the Plaintiff's trademarks 'GODREJ' and 'GODREJ PROPERTIES', artistic works, and website layout. In view of the submission of the Plaintiff that these websites and webpage are unauthorized, this Court is prima facie satisfied that the impugned websites/webpages, due to their content, are likely to mislead consumers into believing that they are associated with the Plaintiff. Moreover, since the business involved in question is of real estate, the potential harm to the unwary consumer is substantial.
38. In view of the above, the Plaintiff has made out a prima facie case for grant of ad-interim injunction. The balance of convenience also lies in CS(COMM) 1157/2025 Page 11 of 13 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 03/11/2025 at 22:38:52 favour of the Plaintiff, whose established reputation, goodwill, and business interests are being jeopardized by the Defendant No. 1, 2 and 3's use of identical and deceptively similar marks and domain names. If the said Defendants are not restrained, continued misuse of the Plaintiff's proprietary rights will cause irreparable harm, that cannot be adequately compensated in monetary terms. Since, contact details of Defendant Nos. 1, 2 and 3 are unavailable appropriate directions are being issued to Defendant Nos. 4 and 8 for take down of the impugned websites/webpages.
39. Accordingly, Defendant No. 4 is directed to lock and suspend the impugned domain names/impugned websites https://godrejmumbai.in, and https://godrejpropertiesmahalaxmi.in as well as produce all details and particulars relating to issuance of the said domains including records of payments made for purchase of the said domains, within 72 hours from receipt of this order.
40. Further, Defendant No. 8 is directed to take down and suspend the impugned webpage https://propertycloud.in/properties/explore/godrej- worli/, within 72 hours from receipt of this order. The said Defendant will also provide all relevant details available with it with respect to the person at whose instance the webpage was hosted, within 72 hours.
41. Issue notice to Defendant Nos. 4 and 8 through all modes.
42. Ms. Nidhi Raman, CGSC accepts notice on behalf of Defendant Nos. 5 and 6.
43. Notice will be issued to Defendant Nos. 1, 2 and 3 after the Plaintiff files an amended memo of parties as directed at paragraph 20 of this order.
44. Compliance of Order XXXIX Rule 3 of CPC vis-à-vis Defendant Nos. 4 and 8 be done within a period of one (1) week from today.
CS(COMM) 1157/2025 Page 12 of 13This 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 03/11/2025 at 22:38:52
45. Defendant nos. 4 and 8 are directed to file their compliance affidavit within four (4) weeks. They are directed to provide the BSI details along with their compliance affidavit.
46. List before the learned Joint Registrar (J) on 25.11.2025
47. List before Court on 24.03.2026.
48. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J OCTOBER 30, 2025/msh/AM CS(COMM) 1157/2025 Page 13 of 13 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 03/11/2025 at 22:38:52