CS(COMM) 151/2025 p. 1 $~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 151/2025 & I.A. Nos. 4538/2025, 4539/2025, 4540/2025 & 4541/2025 DARZI (INDIA) LLP & ANR. .....Plaintiffs Through: Mr. Anirudh Bakhru, Mr. Naqeeb Nawab, Mr. Ashutosh, Ms. Apurva, Ms. Sejal and Mr. Mohd. Umar, Advocates Mob: 8209086773 versus KAFIL AHMED .....Defendant Through: Mr. Utsav Mukherjee, Advocate. (M): 9654211300 Email: utsav@umlawoffices.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 20.02.2025 1. The present suit has been filed by the plaintiffs for permanent injunction restraining infringement of trademarks and passing off, dilution, tarnishment, unfair competition, delivery up, damages and rendition of accounts. 2. The case as canvassed on behalf of the plaintiff in the plaint, is as follows: 2.1 Plaintiff no. 2 coined and honestly adopted the inherently distinctive trademark “DARZI” as a trademark as well as a trade name, for the goods and services of the plaintiffs, as far back as in the year 1981. During the 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 01/07/2025 at 11:10:28 CS(COMM) 151/2025 p. 2 course of their business, the plaintiffs have also adopted and extensively used various DARZI formative marks, such as THE DARZI, THE DARZI - THE SUIT PEOPLE, and , all of which identify the goods and/or services originating from the plaintiffs. 2.2 The plaintiffs have several trademark registrations for their prior and famous DARZI marks with the earliest trademark registration bearing registration no. 1024154 for the mark ‘ ’ dating back to 2001, with the user claim of 01st January, 1981. Further, in addition to the above trademarks, the plaintiffs use ‘DARZI’ as part of their trading name as well. 2.3 Roots of the plaintiffs’ business can be traced back to June 1981, when plaintiff no. 2, being the founder and partner of the plaintiff no. 1, coined the inherently distinctive trademark “DARZI” for draping and tailoring services. Further, due to the plaintiff no. 2’s business acumen and technical expertise coupled with sheer hard work, the plaintiff no. 1 has since expanded to a wide range of goods and services, including, but not limited to – readymade garments, hosiery and accessories. 2.4 The plaintiffs’ brand ‘DARZI’ is not just a brand name but also an identity, making the brand synonymous with top quality Indian menswear. The plaintiffs have entered into collaborations with global brands such as 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 01/07/2025 at 11:10:28 CS(COMM) 151/2025 p. 3 Raymond, Ermenogildo, Zegna, Loro Piana, Cerruti, etc. and expanded into retailing accessories for men, including shoes, ties and cufflinks, etc., thereby, establishing themselves as the one-stop-shop for menswear, tailoring and styling. 2.5 The plaintiffs’ goods and services under the famous DARZI marks are known for their quality, grace, confident subtlety and inherited class. Further, in its four decade-long history, the plaintiffs have seen a steady and continuous growth and have a team of over 100 tailors, pattern cutters and craftsmen ensuring finesse and attention-to-detail so as to deliver the perfect outfit to its clients every time. 2.6 The plaintiffs’ business, popularly also known as “THE DARZI GROUP” has grown from a humble tailoring house providing its services from Rajouri Garden, New Delhi, to one having a presence all across India and also having made its mark internationally. 2.7 In India, the plaintiffs have applied for and obtained trademark registrations for their DARZI marks in various classes. 2.8 Since the inception, the plaintiffs have recognized the value of branding in the development of their business. The plaintiffs’ extensive presence in tailoring industry has garnered widespread reputation and acquired enormous goodwill in their favour and the public at large and persons in the trade today associate DARZI marks with the plaintiffs and the plaintiffs alone. 2.9 The plaintiffs have managed large and extensive sales of their goods and services under the famous DARZI marks during the past years. Further, the plaintiffs’ sales have increased in huge proportions every year, which evidences the popularity attained by the plaintiffs’ goods and services under 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 01/07/2025 at 11:10:28 CS(COMM) 151/2025 p. 4 the prior and famous DARZI marks in the industry. The sales figures of the plaintiffs’ goods and services for the last few years are given herein below: 2.10 The plaintiffs have regularly and continuously been promoting their goods and services under the famous DARZI marks through advertisements and publicity/promotion activities. The plaintiffs have been spending enormous amount of money, efforts, labour and skills on these advertisement and promotional activities and have been doing so, through various means and modes, including, the visual and print media, trade literature and magazines, including, on the internet, etc., throughout India. The figures pertaining to the plaintiffs’ promotional expenses for the last few years are given herein below: 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 01/07/2025 at 11:10:28 CS(COMM) 151/2025 p. 5 2.11 The quality of the plaintiffs’ goods and services under the DARZI marks can also be gauged from the fact that the plaintiffs have served some of the most reputed and/or powerful personalities from across India and the world, who have visited the plaintiffs’ showroom and had the plaintiffs design several attires for them on various occasions. 2.12 The plaintiffs have extensive presence on the internet and the plaintiffs are the owners of the domain name-www.thedarzigroup.in, which was registered on 18th September, 2018 and is valid and subsisting as on date. Further, by sheer nature of the Internet, the plaintiffs’ website is accessible to people all over India who are well aware of the repute of the plaintiffs’ DARZI marks. Moreover, the use of their prior and famous mark ‘DARZI’ in their domain name assists the plaintiffs in establishing an identity for their website, and the users of the internet readily recognize that the said domain name points to the website of the plaintiffs. 2.13 The plaintiffs’ use of the DARZI marks has been extensively covered by media, press, blogs, etc. Further, the plaintiffs also have considerable presence and popularity on the social media platforms, including but not limited to: 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 01/07/2025 at 11:10:28 CS(COMM) 151/2025 p. 6 3. The present suit has been filed by the plaintiff being aggrieved by the malafide adoption and/or offending use of the marks- “Kafil The Darzi”/ and kafilthedarzi@gmail.com which prominently contained the plaintiff’s registered trademark “DARZI”. It is submitted that the impugned marks are identical and/or deceptively similar to the plaintiff’s prior and registered DARZI marks and in relation to identical goods and services. 4. Learned counsel appearing for the plaintiff vehemently submits that the defendant has intentionally adopted the impugned marks, which are structurally, visually, and phonetically identical and/ or deceptively similar to the plaintiffs’ earlier, registered DARZI marks, to derive undue benefit and advantage from the plaintiffs’ goodwill and reputation. 5. The comparative table, as given in the plaint showing the marks of the plaintiffs and the defendant, is reproduced as under: 6. Learned counsel appearing for the plaintiffs has drawn the attention of this Court to the letter dated 12th December, 2024, that has been issued on behalf of the plaintiffs to the defendant, wherein, the plaintiffs had given 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 01/07/2025 at 11:10:28 CS(COMM) 151/2025 p. 7 certain suggestions to the defendant in order to resolve the matter. The relevant portion of the said letter, is reproduced as under: “xxx xxx xxx Your client cease and desist from using and / or claiming any right over the impugned marks - / Kafil The Darzi. Your client shall delete the word “THE” from the impugned marks and alter the impugned marks to the following effect “KAFIL DARZI”. Our client shall be agreeable to your client’s use of the following mark- “KAFIL DARZI”, as long as it is being used to depict your client's profession. Your client shall not use the term ‘DARZI’ in any other form or manner except for using the mark “KAFIL DARZI”. Give an undertaking in a form to be approved by our client. xxx xxx xxx” 7. Learned counsel appearing for the defendant has put in appearance upon advance notice. 8. Upon instructions, learned counsel appearing for the defendant submits that the defendant shall delete the use of the word ‘The’ from their aforesaid mark and shall confine the usage of their mark to ‘KAFIL DARZI’. 9. Learned counsel appearing for the plaintiffs expresses satisfaction over the statement made by learned counsel appearing for the defendant. He submits that the plaintiffs have no objection if the defendant uses the mark ‘KAFIL DARZI’ or the device mark with the word ‘KAFIL DARZI’ only. 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 01/07/2025 at 11:10:28 CS(COMM) 151/2025 p. 8 10. He further submits that the defendant ought not to use the mark ‘DARZI’ on a standalone basis, since the plaintiff has registered trademark for the word mark ‘DARZI’ also. 11. Learned counsel appearing for the defendant gives his consent to the aforesaid. However, he submits that the defendant be granted time of eight weeks for the purposes of carrying out requisite changes in the mark and other labels, etc. 12. The parties are held bound by the aforesaid statements. 13. Considering the submissions made before this Court, the suit is decreed in favour of the plaintiffs and against the defendant in terms of Para 67 (a), (b) and (c) of the plaint. 14. The defendant shall change its packaging, promotional material, catalogues, labels, prints, packages, etc., by adopting the new mark/device mark ‘KAFIL DARZI’ within a period of eight weeks from today. 15. Decree sheet be drawn up. 16. Accordingly, the present suit along with the pending applications, stands disposed of. MINI PUSHKARNA, J FEBRUARY 20, 2025 ak 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 01/07/2025 at 11:10:28