Trademark Infringement Cases

  • Setindiabiz Team
  • April 20, 2023
Trademark Infringement Cases
This blog explores one of the most significant trademark infringement cases and landmark judgements in the history of Indian Judiciary. The ruling was passed by the Delhi High Court in Sunil Mittal vs Darzi on Call case, which addresses the issue of multiple infringers and the proprietor’s right to initiate legal proceedings against them
Trademark infringement cases can present complex legal challenges, particularly when multiple infringers are involved. In a noteworthy case decided by the Delhi High Court, titled Sunil Mittal vs Darzi on Call, the court addressed the argument raised by the defendant regarding other potential infringers. The case sheds light on the responsibilities of trademark owners and the court’s perspective on initiating legal action against specific defendants.
The defendant in this case contended that the plaintiff’s trademark was also being infringed by other individuals or entities, suggesting that singling out the defendant for alleged violation was unjustified. It was argued that if the plaintiff had not taken action against other parties using similar trademarks, the lawsuit against the defendant should not stand. Justice Rajiv Sahai End law, while examining this issue, made a significant observation..

Trademark Infringement Cases: Sunil Mittal vs Darzi on Call

The Case : The Delhi High Court decided a trademark infringement case titled “Sunil Mittal vs Darzi on Call” on  the19th of April, 2017. In the suit, the trademark “DARZI” was alleged to have been infringed by the defendant who was using a brand name “Darzi on Call”.
The Claims & Arguments: The court came across an argument from the defendant that aside from him, the plaintiff’s trademark  is also being infringed by other entities which is an alleged violation of his Trademark Rights. It was further argued that since the plaintiff (read claimant here) has not initiated any legal action against the various other infringers who are using similar trademarks, the suit against the defendant is unjust and does not stand valid. Justice Rajiv Sahai End law while passing judgment on the matter made a significant observation.
The Judgement: “It is neither expected nor possible for a trademark’s proprietor to continuously stay on a prowl for searching infringement actions against its trademark rights, instead of carrying out its business activity for which the trademark was actually created. The Proprietor of a trademark is not expected to take legal action against each and every unauthorized use of the mark, especially if it remains unaffected by the same.
So, merely because the plaintiff has not felt the need to take action against other infringers as their use of the word “Darji” did not affect its business, does not mean the plaintiff is deprived of its right to seek protective action against the infringement made by the defendant”
The court came across the above observation in their judgment while dealing with various aspects of the case. The ruling of the court is vindictive of the stand that the infringer cannot take frivolous defense in a trademark suit. It is on the owner/proprietor of the trademark to decide against whom it initiates trademark infringement cases. It is immaterial if the proprietor has chosen to ignore other infringers due to their insignificance. 


The landmark trademark infringement case of Sunil Mittal vs Darzi on Call serves as a valuable reminder of the rights and responsibilities of trademark owners. The ruling by the Delhi High Court emphasizes that trademark proprietors are not obligated to pursue legal action against every potential infringer but have the discretion to choose their battles wisely. This case highlights the importance of considering the impact on one’s business and the consier a genuine violation when initiating trademark infringement cases.


Q1: What is trademark infringement?

Trademark infringement refers to the unauthorized use of a registered trademark that is likely to cause confusion among consumers or dilute the distinctiveness of a brand. It occurs when a third party uses a similar or identical trademark in connection with similar goods or services without the permission of the trademark owner.

Q2: How can I initiate a case against a trademark infringer?

To initiate a case against a trademark infringer, you typically need to consult with a trademark attorney or legal professional experienced in intellectual property law. They can help you gather evidence of the infringement and evaluate the strength of your case. Subsequently, your attorney will file a complaint in the appropriate court, outlining the details of the infringement and seeking appropriate legal remedies.

Q3: What are the potential remedies in trademark infringement cases?

To initiate a case against a trademark infringer, consult with a trademark attorney or legal professional who specializes in intellectual property law. They will help gather evidence, assess the strength of your case, and file a complaint in the appropriate court. Remedies for trademark infringement may include injunctive relief to stop the infringer’s unlawful use of the trademark, monetary compensation for losses suffered, damages for infringing goods, corrective advertising, or requiring the infringer to account for the profits gained. Seek guidance from a legal professional to understand the specific remedies available in your jurisdiction and based on the circumstances of your case.
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