Trademark "Global Citywalk" Deemed Deceptively Similar to "Citywalk/Select Citywalk," Restricting Its Use
In a landmark decision dated May 8, 2026, the Delhi High Court, presided over by Justice Tushar Rao Gedela, granted an interim injunction in favor of Select Citywalk Retail Private Limited against Garg Realtech Private Limited. The judgment restrains Garg Realtech from using the trademark "Global Citywalk," which the court found to be deceptively similar to Select Citywalk's established trademark "Citywalk/Select Citywalk."
The court's decision was based on the plaintiff's establishment of a strong prima facie case, demonstrating the continuous use and extensive goodwill associated with their trademark since 2004. The plaintiffs argued that the defendants' mark "Global Citywalk" incorporated the essential and dominant feature of their registered trademark "Citywalk," thus likely to cause confusion and deception among the public, amounting to infringement and passing off.
Justice Gedela emphasized the visual, phonetic, and conceptual similarity between the two marks, noting that a consumer of average intelligence could easily mistake Garg Realtech's project as being associated with Select Citywalk. The court held that the defendants' actions could lead to irreparable harm to Select Citywalk's reputation and goodwill, which have been meticulously built over two decades.
The judgment further highlighted that Garg Realtech's use of the trademark "Global Citywalk" in relation to a real estate project nearing completion posed a significant risk of confusion within the same business field. As a result, the court ordered Garg Realtech to cease using the mark "Global Citywalk" and any other deceptively similar mark, including the registration and use of domain names containing "Citywalk."
The defendants are also restrained from using the domain name www.globalcitywalk.com or any similar names, preventing further trademark infringement and passing off. The decision underscores the importance of protecting established trademarks and maintaining the integrity of business identities in competitive markets.
This case sets a precedent for similar disputes, affirming the court's commitment to uphold trademark rights and prevent unfair competition. The Delhi High Court's ruling is a significant victory for Select Citywalk, reinforcing their position in the commercial real estate and retail industry.
Bottom line:-
Trademark Law - Interim injunction granted against the defendant for using a mark deceptively similar to the plaintiff's registered trademark "Citywalk/Select Citywalk," as it is likely to cause confusion and deception among the public.
Statutory provision(s):
- Trademark Law
- Civil Procedure Code, 1908 - Order XXXIX Rules 1 & 2
- Section 151 of CPC, 1908
- Trade Marks Act, 1999
