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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 261/2025 with I.A. 7549/2025

SHRINATH TRAVEL AGENCY & ORS. .....Plaintiffs

Through: Mr. Anirudh Bhatia and Ms. Shreya Sethi, Advocates.

versus

SHRINATH TRAVEL AGENCY & ORS. .....Defendants

Through: Ms. Krati Fagna, Advocate for D-95

to D-98. Ms. Deepika Pokharia and Mr. Abhay Aren, Advocates for D-99.

Mr. Divjot Singh Bhatia, Mr. Aman Singh Bakshi and Mr. Shreesh Chadha, Advocates for D-100.

Mr. Varun Pathak, Mr. Thejesh Rajendra and Ms. Prasidhi Agrawal, Advocates for D-101.

Mr. Naman Joshi, Ms. Priya Goyal, Mr. Aakash Deep Singh and Mr. Verdaan Jain, Advocates for D-102.

Mr. Sharath Sampath and Mr. Randeep Dahiya, Advocate for D-103.

Ms. Amita Singh, Advocate for D-112 to D-115 and D-122 to D-124.

Mr. Neel Mason, Ms. Ekta Sharma, Ms. Pragya Jain and Ms. Surabhi Katare, Advocates for D-125.

Mr. Karan Shankar for respondent/UoI.

This is a digitally signed order.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 16.05.2025

CS(COMM) 261/2025

1. Let the plaint be registered as a suit.

2. Issue summons.

3. Summons are accepted by counsel appearing for the defendants no. 95 to 98, 99,100,101,102,103,112–115,122–124,125.

4. Summons be issued to the remaining defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

5. Liberty is given to the plaintiffs to file replication(s), if any, within thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiffs, affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.

6. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

7. If any of the parties wish to seek inspection of any documents, the 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 27/05/2025 at 11:38:54

same shall be sought and given within the timelines.

8. List before the Joint Registrar on 11th August, 2025 for completion of service and pleadings.

9. List before the Court on 27th October, 2025.

I.A. 7549/2025 (u/O XXXIX Rules 1 and 2 of CPC, 1908)

10. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademark and copyright of the plaintiff, passing off along with other ancillary reliefs.

CASE SETUP IN THE PLAINT

11. The plaintiffs are entities operating under the common business name "Shrinath," engaged in the fields of travel and cargo services. Mr. Nand Lal Kabra is an active partner of plaintiff no. 1 and a director of plaintiffs no. 2 and 3.

12. The plaintiffs are the registered proprietors of a series of distinctive trademarks, all of which prominently feature the mark 'SHRINATH' as their essential and leading element, often in conjunction with words such as 'Travel' and 'Cargo'. Some of the marks of the plaintiffs are "SHRINATH"

(hereinafter referred to as the 'plaintiffs' trademarks').

13. It is averred that the plaintiffs are among the most reputed entities 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 27/05/2025 at 11:38:54

engaged in the business of travel, transport, bus services, and cargo delivery in India, and have earned unparalleled goodwill and recognition in the travel and tourism industry across the country. The plaintiffs maintain operational offices in several major cities, including but not limited to New Delhi, Maharashtra, Gujarat, Rajasthan, Uttar Pradesh, and Madhya Pradesh.

14. In addition to their extensive physical presence, the plaintiffs also maintain a robust online footprint through their official website i.e., www.shrinath.biz, social media platforms, and third-party service portals.

15. The plaintiffs have been consistently engaged in the travel and transport industry for over forty-five (45) years, since their inception in the year 1978. It is stated that the plaintiffs are also members of the esteemed Tour Operators Association of Gujarat (TAG).

16. It is stated that the plaintiffs provide comprehensive services across various states in India and operate a vast and sophisticated fleet comprising over five hundred (500) buses and more than one hundred (100) trucks. These vehicles ply on more than one hundred (100) routes on a daily basis. Their fleet includes a wide range of vehicles such as Multi-axle Premium AC sleepers, Bharat-Benz AC sleepers, AC and non-AC sleepers, as well as AC and non-AC seaters, sourced from reputed manufacturers including Ashok Leyland, Tata Motors, Volvo, and Bharat Benz.

17. Since the adoption of the mark 'SHRINATH' in the year 1978, the plaintiffs have built extensive goodwill and public recognition through their widespread and uninterrupted use.

18. The plaintiffs have also obtained trademark registration in respect of their trademarks, details of which are given in paragraph 13 of the plaint and 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 27/05/2025 at 11:38:54

the same is set out below:

MARK	CLASS	APPL.	USER	PROPRI
		NO. &	DETAIL	ETOR
		DATE
	16	569684	01.01.1978	Plaintiff
		18.031992		No.1
	39	1312997	01.12.1978	Plaintiff
		05.10.2004		No.1
	39	2373270	01.04.2006	Plaintiff
		01.08.2012		No.1
	39	4193168	01.04.2006	Plaintiff
				No.2
	39	2373269	28.08.2003	Plaintiff
		01.08.2012		No.3
	39	1799954	01.04.1992	Shyam
		25.03.2009		Lal Kabra
SHRINATH	37	4457805	Proposed	Shrinath
		28.02.2020	to be used	Tourism
				Pvt. Ltd.
SHRINATH	39	4706612	01.04.2006	Plaintiff
		17.10.2020		No.2
SHRINATH	39	4706613	28.08.2003	Plaintiff
		17.10.2020		No.3

19. It is contended that the mark 'SHRINATH' enjoys a strong impression in the minds of consumers and prospective customers, owing to the plaintiffs' consistently high standards in service and their deployment of premium, well-designed luxury buses. The goodwill and reputation attached to the plaintiffs' trademarks are evidenced by the substantial turnover generated under the 'SHRINATH' mark. The details of the turnover of the plaintiffs are given in paragraph 24 of the plaint.

This is a digitally signed order.

20. The plaintiffs have consistently invested substantial sums annually towards the promotion, publicity, and advertisement of their business. The details of expenses incurred by the plaintiffs are given in paragraph 25 of the plaint

21. The plaintiffs achievements and recognition can also be evidenced by the numerous awards and accolades received by the plaintiffs over the years. The details of the awards received by the plaintiffs are given in paragraph 27 of the plaint.

22. The plaintiffs are also vigilant about protecting their rights under their trademarks, and the plaintiffs have constantly filed suits and obtained injunctive relief against the third party infringers. The details of the orders obtained by the plaintiffs are given in paragraph 28 of the plaint.

23. Defendants no.1 to 85 are entities operating in various cities and regions across the country, under corporate names which are identical to and/or deceptively and confusingly similar to plaintiffs' trademarks. These entities are engaged in rendering identical services as those offered by the plaintiffs, namely, tour, travel, transport and cargo delivery services. It is contended that the said defendants have slavishly copied the plaintiffs' trademarks in their entirety and are operating with dishonest intent to misappropriate the plaintiffs' goodwill and reputation. The details of the conduct of the aforesaid defendants are given in paragraph 78 of the plaint.

24. Defendants no. 92 to 110 and 126 to 127 are operators of various third-party and social media platforms/websites that host online business listings and profiles for service providers. The profiles of defendants no. 1 to 85 are listed on these websites, wherein the defendants have prominently

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 27/05/2025 at 11:38:54

displayed the plaintiffs' trademarks and their distinctive device marks on their respective pages. These platforms contain images of buses/trucks, business boards, hoardings, and visiting cards that bear marks identical or deceptively similar to those of the plaintiffs.

25. It is stated that the defendants no. 1 to 85, on their business profiles, have mentioned and/or hyperlinked the plaintiffs' official website www.shrinath.biz and email ID [email protected] as their own. Consequently, when a customer selects the "Visit our Website" link on these business profiles, they are redirected to the plaintiffs' official website.

26. Defendants no. 86 to 91 are the anonymous operators of various domain names, including but not limited to, www.comparabus.com, www.trackings.in, www.mapples.com, www.roadtaka.com, www.trackingstatus.com, and www.trackingbutler.com. These websites host unauthorised, unverified, and misleading information pertaining to the plaintiffs and their services, and prominently use the plaintiffs' trademarks without obtaining any consent, license, or prior authorisation from the plaintiffs. It is averred that these domain names do not disclose the identity of the corporate entities or individuals operating the said websites, either on the sites themselves or in any publicly available domain registration records. The screenshots of the infringing activities of these anonymous defendants are annexed to the present suit and are given in paragraph 92 of the plaint.

27. Defendants no.111 to 120 and 122 to 125 are various entities that are impleaded as defendants for the effective implementation of the present order.

28. Despite service, none appears on behalf of the defendants no. 1– 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 27/05/2025 at 11:38:54

94,104–111,116–121,126–127.

29. Issue Notice.

30. Notice is accepted by counsel appearing on behalf of the defendants no. 95 to 98, 99,100,101,102,103,112–115,122–124,125.

31. Notice be issued to the remaining defendants through all modes.

32. Reply be filed within four (4) weeks.

33. Rejoinder thereto, if any, be filed within two (2) weeks,

34. In the above-noted circumstances, the plaintiff has demonstrated a prima facie case for grant of an interim injunction in its favour, and in case ex-parte and interim injunction is not granted, the plaintiff will suffer an irreparable loss. Balance of convenience also lies in favour of the plaintiff and against the defendants.

35. Consequently, till the next date of hearing, the defendants no. 1-85 (and other rogue websites/domain names/entities/mobile applications which are discovered during the proceedings), their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. are restrained from:

i. Marketing promoting, advertising, offering for sale or selling any tour, travel or cargo delivery services or in any other manner whatsoever using one or more of the plaintiffs' trademarks

This is a digitally signed order.

'SHRINATH' or any other mark deceptively and/or confusingly similar to the plaintiffs' trademarks as mentioned in paragraph no. 13 of the plaint, either as a trademark or part of a trademark, or in any other manner whatsoever.

• ii. Using the plaintiffs' website www.shrinath.biz or Email id [email protected] or any other indicia whatsoever to show any association/affiliation/connection of the defendants no. 1-85's goods/services with the goods/services of the plaintiffs.
• iii. Registering any domain name or SEO keywords/metatags containing

'SHRINATH' or any other mark deceptively and/or confusingly similar to the plaintiffs' trademarks as mentioned in paragraph no. 13 of the present plaint.

This is a digitally signed order.

36. Defendants no. 1-85 (and other rogue websites/domain names/entities/mobile applications which are discovered during the proceedings), their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc are directed:

i. To remove from their buses any reference to the plaintiffs' website www.shrinath.biz, Email id [email protected] and the plaintiffs'

'SHRINATH' or any other mark deceptively and/or confusingly similar to the plaintiffs' trademarks as mentioned in paragraph no. 13 of the present plaint.

ii. To recall all marketing and promotional material, boards/hoardings, bill boards, visiting cards, promotional material, catalogues, pamphlets, printed matter, advertisement materials, labels, brochures, stationary and any other material whatsoever

, , ,

This is a digitally signed order.

'SHRINATH' or any other mark deceptively and/or confusingly similar to the plaintiffs' trademarks as mentioned in paragraph no. 13 of the present plaint.

37. Defendants no. 92-110, 126-127, their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. are directed to take down the profiles of the defendants no. 1-85 from their platforms/portals/servers as mentioned in paragraph no.78 of the plaint.

38. Counsel for defendant no. 101 [Meta Platforms Inc.] submits that ten (10) links, as identified by the plaintiffs, are not accessible.

39. Counsel for defendant no. 103 [Just Dial Limited] submits that thirtyone (31) links, as identified by the plaintiffs, have already been taken down by the defendant no.103.

40. Plaintiffs are permitted to implead any mirror/ redirect/ alphanumeric variations of the websites identified in the suit as defendants no.1 to 85, including those websites which are associated with them, either based on the name, branding, identity or even source of content, direct or indirect usage through API integrations, altered display names, or misleading representations which infringe the plaintiffs' trademarks by filing an application for impleadment under Order I Rule 10 of the Code of Civil Procedure, 1908 ('CPC') and extend the present order against them, in the event such websites merely provide new means of accessing the same primary infringing websites that have been injuncted.

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 27/05/2025 at 11:38:54

41. In terms of relief sought in prayer clauses E and F is concerned, counsel for defendant no.94 submits that the defendant no.94 has discontinued the role of being a domain name registrant, and the defendant no.94 shall not register the domain name 'SHRINATH' or any other similar domain name in respect of any third-party.

41.1. The aforesaid statement is taken on record and the defendant no.94 shall be down by the same.

42. Insofar as defendant no. 96-98 are concerned, in terms of relief sought in prayer clauses E and F is concerned, the defendants no. 96-98, their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. are restrained from providing services including but not limited to domain registration services, ticketing, creating/maintaining/powering their websites and mobile applications and linking such Online Travel Aggregators to any entity/entities incorporating the plaintiffs' trademarks as mentioned in paragraph no. 13 of the plaint or any other mark(s) identical with and/or deceptively and/or confusingly similar to the plaintiffs' trademarks as mentioned in paragraph no. 13 of the present plaint.

43. Further, defendants no.96 to 98, their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, etc. are directed to:

i. Disable the ticket booking APIs associated with the bus operators being the defendants no. 1-85 from their respective platforms.

This is a digitally signed order.

ii. Lock and suspend any domain names for which they are the registrants, and which are identical and/or deceptively and/or confusingly similar to the plaintiff's trademarks as mentioned in paragraph no. 13 of the plaint.

44. Compliance with Order XXXIX Rule 3 CPC be done within a period of two weeks from today. The necessary affidavit shall be filed within one week thereafter.

45. List before the Joint Registrar on 11th August, 2025 for completion of service and pleadings.

46. List before the Court on 27th October, 2025.

AMIT BANSAL, J

MAY 16, 2025 Vivek/-

CORRECTED AND UPLOADED ON 26.05.2025

This is a digitally signed order.