CS(COMM) 1264/2025 p. 1 $~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1264/2025, I.A. 29515/2025, I.A. 29516/2025, I.A. 29517/2025, I.A. 29518/2025, I.A. 29519/2025, I.A. 29520/2025 & I.A. 29521/2025 DHARAMPAL SATYAPAL LIMITED .....Plaintiff Through: Ms. Vaishali Mittal & Mr. Shivang Sharma, Advocates. versus COUCH COMMERCE PVT LTD & ANR. .....Defendants Through: Advocate appeared (Appearance not Given). CORAM: HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 27.11.2025 1. The present Suit has been filed seeking the following relief: “i. A decree for permanent injunction restraining the Defendants, their partners, directors or proprietors, principal officers, servants, agents, followers, subscribers, employees, assignees, representatives, distributors and/or persons claiming through them and all other persons from creating, publishing, uploading sharing, disseminating etc. the impugned video(s), which is currently uploaded on https://www.instagram.com/p/DHklvh-AfX/? igsh=MXF4dXpoNnZsdmZvMQ and https://www.instagram.com/p/DHklvh-AfX/? igsh=dG5mdGR6ajJ1Y3V1 or any other video(s) which are identical to, or similar in content, and/or any other videos or content in any format, which results in infringement of the rights of the Plaintiff in the RAJNIGANDHA Trademarks; ii. A decree for permanent injunction restraining the Defendants, their partners, directors or proprietors, principal officers, servants, agents, followers, subscribers, employees, assignees, representatives, distributors and/or persons claiming through them and all other persons from creating, publishing, uploading sharing, disseminating 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 02/12/2025 at 11:55:02 CS(COMM) 1264/2025 p. 2 etc. the impugned video(s), which is currently uploaded on https://www.instagram.com/p/DHklvh-AfX/? igsh=MXF4dXpoNnZsdmZvMQ and https://www.instagram.com/p/DHklvh-AfX/? igsh=dG5mdGR6ajJ1Y3V1 or any other video(s) which are identical to, or similar in content, and/or any other videos or content in any format, which results in infringement of copyright of the Plaintiff in the RAJNIGANDHA art works, labels, images etc.; iii. A decree for permanent injunction restraining the Defendants, their partners, directors or proprietors, principal officers, servants, agents, followers, subscribers, employees, assignees, representatives, distributors and/or persons claiming through them and all other persons from creating, publishing, uploading sharing, disseminating etc. the impugned video(s), which is currently uploaded on https://www.instagram.com/p/DHklvh-AfX/? igsh=MXF4dXpoNnZsdmZvMQ and https://www.instagram.com/p/DHklvh-AfX/? igsh=dG5mdGR6ajJ1Y3V1 or any other video(s) which are identical to, or similar in content, and/or any other videos or content in any format, which results in passing off of the Plaintiff’s rights in the RAJNIGANDHA marks; iv. A decree for permanent injunction restraining the Defendants, their partners, directors or proprietors, principal officers, servants, agents, followers, subscribers, employees, assignees, representatives, distributors and/or persons claiming through them and all other persons from creating, publishing, uploading sharing, disseminating etc. the impugned video(s), which is currently uploaded on https://www.instagram.com/p/DHklvh-AfX/? igsh=MXF4dXpoNnZsdmZvMQ and https://www.instagram.com/p/DHklvh-AfX/? igsh=dG5mdGR6ajJ1Y3V1 or any other video(s) which are identical to, or similar in content, and/or any other videos or content in any format, which results in dilution and/or tarnishment of the Plaintiff in the RAJNIGANDHA Trademarks and the goodwill that is vested therein; v. A decree for permanent injunction restraining the Defendants, their partners, directors or proprietors, principal officers, servants, agents, followers, subscribers, employees, assignees, representatives, 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 02/12/2025 at 11:55:02 CS(COMM) 1264/2025 p. 3 distributors and/or persons claiming through them and all other persons from creating, publishing, uploading sharing, disseminating etc. the impugned video(s), which is currently uploaded on https://www.instagram.com/p/DHklvh-AfX/? igsh=MXF4dXpoNnZsdmZvMQ and https://www.instagram.com/p/DHklvh-AfX/? igsh=dG5mdGR6ajJ1Y3V1 or any other video(s) which are identical to, or similar in content, and/or any other videos or content in any format, which results in denigration and disparagement leading to defamation of the Plaintiff; vi. A decree for permanent injunction restraining the Defendants, their partners, directors or proprietors, principal officers, servants, agents, followers, subscribers, employees, assignees, representatives, distributors and/or persons claiming through them and all other persons from creating, publishing, uploading sharing, disseminating etc. the impugned video(s), which is currently uploaded on https://www.instagram.com/p/DHklvh-AfX/? igsh=MXF4dXpoNnZsdmZvMQ and https://www.instagram.com/p/DHklvh-AfX/? igsh=dG5mdGR6ajJ1Y3V1 or any other video(s) which are identical to, or similar in content, and/or any other videos or content in any format, which results in Defendants unjustly enriching themselves from the rights of the Plaintiff; vii. Pass a decree directing Defendants to disable access and take down the impugned video(s) which remain active in the public domain at https://www.instagram.com/p/DHklvh-A- fX/?igsh=MXF4dXpoNnZsdmZvMQ and https://www.instagram.com/p/DHklvh-AfX/? igsh=dG5mdGR6ajJ1Y3V1, and/or any other videos which contains false information regarding the Plaintiff, violate their statutory or common law right of the Plaintiff, defame the Plaintiff etc. or are based on similar theme to that of the impugned videos and also delete from all modes and mediums including hard drive, computer resource, cloud drive, such as Google Drive or any other form, viii. An order directing the Defendants to furnish full and complete disclosure of the audited revenues earned amounting of rendition of accounts by the Defendants by sale of products ‘teeth whitening pen’ which would have resulted due to the infringing activities undertook 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 02/12/2025 at 11:55:02 CS(COMM) 1264/2025 p. 4 by the Defendants and transactions related to the impugned activities. ix. An order directing the Defendants to issue a public apology and post the same on its website (www.fangoral.com) as well as Instagram page(s) namely (i) Fang Oral Care (https://www.instagram.com/fangoralcare/) and Mr. Ankit Agarwal (https://www.instagram.com/agarwal_ankit_p/). x. An order for damages, including compensatory and punitive damages, to the tune of INR 2,00,01,000/- (Rupees Two Crore One Thousand Only), or any amount deemed fit by this Hon’ble Court, for the losses suffered by the Plaintiffs due to the actions of Defendant, including harm to goodwill, reputation, and trust among the public. xi. An order for costs of the present proceedings, including legal fees and any incidental expenses incurred by the Plaintiffs.” 2. The learned Counsel for the Plaintiff submits that the Plaintiff had issued cease and desist notices on 06.11.2025 and in response, Defendant No. 2 gave an undertaking to take down the impugned content on 13.11.2025. Defendant No. 1 has also given an undertaking on 24.11.2025 (“Undertaking”), which records as under: “1. We are the directors of Couch Commerce Private Limited and are duly authorised to make the present undertaking on our own behalf and on behalf of Couch Commerce Private Limited. The term ‘we’ shall hereinafter mean each of us individually and the company, Couch Commerce Private Limited. 2 We recognize and acknowledge that you are the sole and exclusive proprietor of the well-known trademark RAJNIGANDHA along with its associated distinctive and unique trade dresses 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 02/12/2025 at 11:55:02 CS(COMM) 1264/2025 p. 5 whether used alone or in combination with other words or logos of any type or nature. 3. We undertake not to use in any manner or conduct any business or offer any goods or services, now or in the future, under the mark or name, ‘RAJNIGANDHA’, or any other mark or trade dress which is identical and/or deceptively similar to your registered trademark RAJNIGANDHA or any other trademark, trade name, or color combination in a trade dress which is similar to your trademarks. 4. We hereby agree and undertake to immediately cease and desist from making, publishing, promoting, advertising, playing or in any other manner endorsing the advertisements being run on the online social media platforms titled 'WHITE TEETH ARE COOL' which pertains to the use of Dharampal Satyapal Limited’s widely recognized RAJNIGANDHA DEVICE mark i.e. . 5. We hereby undertake to cease and desist from creating, making, publishing, advertising, playing, or in any other manner endorsing any advertisement with the use of RAJNIGANDHA DEVICE mark i.e. forthwith. 6. We hereby agree that we will take forthwith appropriate steps to handover and transfer to you, or destroy all copies of the original advertisement being endorsed bearing the marks ‘RAJNIGANDHA’ or any other mark or trade-dress deceptively similar or identical to your trademarks and furnish proof thereof. 7. We hereby agree and undertake to remove all references to the product bearing the mark ‘RAJNIGANDHA’ or any other mark identical or deceptively similar to your trademark RAJNIGANDHA, in respect of any goods or services, or as a name, or in any other 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 02/12/2025 at 11:55:02 CS(COMM) 1264/2025 p. 6 manner whatsoever, from all websites, advertisements and listings operated by us and also take adequate steps to ensure that such references are removed from all third-party platforms, including on www.instagram.com or any other online or offline platform and furnish proof thereof. 8. We confirm that the advertisement had been amended within 1 hour of receipt of the notice and has subsequently been deleted and disabled from being made available in online and offline modes. 9. We hereby agree that this undertaking is binding upon each of us, our successors, assigns, heirs, legal representatives, servants, agents and any businesses in which any of us may be directly or indirectly involved. If this undertaking is violated, we undertake to pay your company all damages in addition to all reasonable costs incurred by you for instituting legal proceedings. 3. The learned Counsel for the Defendants appearing on advance service submits that the Defendants have been in full compliance with the Undertaking provided by the Defendants and, if there is any URLs that is left inadvertently, Defendants undertake to take down the same with immediate effect upon being notified by the Plaintiff. The statement made by the learned Counsel for the Defendants is taken on record and the Defendants are directed to be bound by the same. 4. In view of the same, the Suit is Decreed in terms of Prayer at Paragraph No. 89 (i), (ii), (iii), (iv), (v), (vi) and (vii) and the Undertaking. Let the Decree Sheet be drawn up accordingly. The Suit and all the pending Applications stand disposed of. TEJAS KARIA, J NOVEMBER 27, 2025/ ‘A’ 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 02/12/2025 at 11:55:02