Court restrains VRS All Cargo Packers and Movers from using deceptively similar marks, citing likelihood of consumer confusion.
The Delhi High Court has granted interim relief to Allcargo Logistics Limited in a trademark infringement case against VRS All Cargo Packers and Movers Private Limited. The court found that the marks used by the defendants were deceptively similar to the well-known trademarks of Allcargo Logistics, leading to a likelihood of consumer confusion.
The court acknowledged Allcargo Logistics' prior adoption and continuous use of the 'ALLCARGO' mark in the logistics industry, which has acquired significant goodwill and statutory protection. The defendants' use of the 'VRS ALLCARGO' marks for identical services was found to likely cause confusion and dilute the distinctiveness of Allcargo's marks.
Justice Tejas Karia, presiding over the case, issued an interim injunction restraining VRS All Cargo and its affiliates from using any marks that are phonetically, visually, or structurally similar to 'ALLCARGO' and 'IMAGE'. The court also directed the suspension of the defendants' websites to prevent further infringement.
The decision emphasized the importance of protecting well-established trademarks from being exploited by others with similar marks, particularly in industries where consumer confusion can have serious commercial implications. The case has been scheduled for further hearing on March 17, 2026.
Bottom Line:
Trade Marks Act, 1999 - Prima facie case of trademark infringement established where the defendant's marks are deceptively similar to the plaintiff's well-known marks, leading to likelihood of confusion among consumers.
Statutory provision(s): Trade Marks Act, 1999 Section 2(1)(zg), Trade Marks Act, 1999 Section 29, Civil Procedure Code, 1908 Order XXXIX Rule 3.
