Glossy Color and Paints Pvt Ltd Secures Injunction Against Elitecourt for Trademark "ELITE" Infringement
In a significant ruling, the Delhi High Court has granted an interim injunction in favor of Glossy Color and Paints Pvt Ltd, restraining Elitecourt and its associates from using a deceptively similar trademark "ELITECOURT" in a case involving allegations of trademark infringement and passing off. The case, CS(COMM) No. 590 of 2026, was adjudicated by Justice Tushar Rao Gedela on 26th May 2026.
The plaintiffs, Glossy Color and Paints Pvt Ltd, along with its sister concern, have been in the business of manufacturing and selling decorative and industrial paints under the trademark "ELITE" since 2001. The plaintiffs claimed substantial goodwill and reputation in the market, supported by extensive promotional efforts and sales figures over the years.
The defendants, operating under the name Elitecourt, were accused of using a mark that incorporated the plaintiffs' registered trademark "ELITE," potentially causing confusion among consumers. The plaintiffs argued that the addition of "COURT" was merely descriptive and did not distinguish the defendants' mark from their own.
The court found that the plaintiffs had established a prima facie case of goodwill and reputation in the trademark "ELITE" through substantial evidence. It was noted that the defendants' use of "ELITECOURT" was likely to mislead consumers into associating their products with those of the plaintiffs, thus constituting passing off.
Justice Gedela emphasized that the plaintiffs had demonstrated the necessary parameters for an interim injunction, including the likelihood of confusion and misrepresentation. Consequently, the court issued an ex-parte ad-interim injunction, restraining the defendants from using the impugned mark "ELITECOURT" in any manner that might amount to passing off.
The court also directed the defendants to file a reply to the injunction application within four weeks and ensured compliance with procedural requirements under the Civil Procedure Code.
The case has been scheduled for further proceedings, with the court set to revisit the matter on 20th November 2026.
Bottom line:-
Trademark Law - Interim injunction granted to restrain the defendants from using a deceptively similar trademark "ELITECOURT" that incorporates and subsumes the plaintiff's registered trademark "ELITE" in a suit for passing off.
Statutory provision(s): Commercial Courts Act, 2015, Section 12A; Civil Procedure Code, 1908 - Order XXXIX Rules 1 & 2, Order XXXIX Rule 3; Trademark Law - Deceptive Similarity
Glossy Color and Paints Pvt Ltd v. Elitecourt, (Delhi) : Law Finder Doc id # 2911774
