Delhi HC injunction in trade mark violation by transporters

The Delhi High Court last week passed an injunction in a trade mark dispute between Drs Logistics Ltd and Dr Dilip Roadlines and restrained the latter from using the trade mark ‘Agarwal Packers and Movers’. The trade mark of Logistics was allegedly misused in several ways, leading to the application for injunction. The high court noted that Dilip Roadlines did not own the trade mark in question which stood registered in the name of Logistics. There was no dispute that Dilip Roadlines was using the disputed trade mark in advertisements and quotations. Since it is neither the proprietor nor the registered user of the trade mark, it has absolutely no right to use it and any such use would amount to infringement of the trade mark. Therefore, till the main suit is finally decided, the court passed the injunction order.