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2026 DAILYLAW 13009 (DEL)

M/S INFOCOM NETWORK PRIVATE LIMITED v. M/S INDIAMART INTERMESH LIMITED

C.O. (COMM.IPD-TM)/112/2026 · 2026-07-22

Jyoti Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.O. (COMM.IPD-TM) 112/2026 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 112/2026 & I.A. 8617/2026 M/S INFOCOM NETWORK PRIVATE LIMITED .....Petitioner Through: Ms. Sakshi Gandhi, Advocate. versus M/S INDIAMART INTERMESH LIMITED AND ANR. .....Respondents Through: Ms. Deepika Pokharia and Ms. Brinda Nagaraja, Advocates for R-1. Mr. Shivanshu Bhardwaj, Mr. Rishav Kashyap, GP, Mr. Archit Mudgal and Mr. Sudhanshu Singh, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 22.07.2026 1. This petition is filed on behalf of the Petitioner under Section 57 of Trade Marks Act, 1999 read with Section 151 CPC seeking the following reliefs:- “a) Declare the Petitioner as the first and prior adopter and continuous user of the trade mark ‘BUYLEAD’ and the true proprietor thereof; b) Order rectification of the Register of Trade Marks by cancelling the Respondent’s impugned registration of the trade mark [impugned mark with number], under Section 57 of the Trade Marks Act, 1999, the same having been wrongfully, fraudulently and illegally obtained in derogation of the Petitioner’s prior and vested rights; c) Restrain the Respondent, its directors, partners, proprietors, officers, servants, agents, distributors, franchisees, representatives, assigns or any person claiming through or under them, by a permanent injunction, from using the impugned mark or any other mark deceptively similar to the Petitioner’s mark ‘BUYLEAD’ in any manner whatsoever, including on websites, online platforms, advertisements, domain names, or business correspondence; 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 24/07/2026 at 11:56:08 C.O. (COMM.IPD-TM) 112/2026 d) Direct the Registrar of Trade Marks to give effect to the rectification and cancellation and e) Award costs of these proceedings in favour of the Petitioner and against the Respondent.” 2. Learned counsel appearing for Respondent No. 1 takes an objection to the maintainability of the petition in its present form looking at the reliefs claimed, including the misjoinder of causes of action. 3. At this stage, learned counsel for the Petitioner, on instructions, seeks to withdraw the present petition with liberty to file a fresh petition on the same cause of action, in accordance with law. 4. Petition is disposed of as withdrawn with liberty as prayed for, as per law. 5. Pending application stands disposed of. JYOTI SINGH, J JULY 22, 2026 S.Sharma 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 24/07/2026 at 11:56:08