Delhi HC Grants Ex-Parte Ad-Interim Injunction in ‘Neelgagan’ Trademark Case Against Rainbow Paper Industries [Read Order]

New Delhi: In a significant order, the Delhi High Court has granted an ex-parte ad-interim injunction in favour of Haryana Traders Pvt. Ltd. (the Plaintiff) against Rainbow Paper Industries Private Limited and others (the Defendants) in a commercial suit concerning the infringement of the registered trademark ‘Neelgagan’.

The suit, CS (COMM) 936/2025, was filed by Haryana Traders Pvt. Ltd., a company engaged in the business of manufacturing, exporting, supplying, and trading stationery products, seeking a permanent injunction restraining infringement of its registered trademark ‘Neelgagan’, along with ancillary reliefs. The Plaintiff submitted that it has secured multiple registrations for its ‘Neelgagan’ trademarks over the past seven decades and enjoys a widespread presence across India.

The Plaintiff alleged that Defendant No. 1, Rainbow Paper Industries Pvt. Ltd., which is engaged in the business of plastic stationery products, is using the Plaintiff’s trademarks alongside its brand name ‘Rainbow’, specifically the mark “Neelgagan” (the Impugned Mark), with a deliberate and fraudulent intent to create a false association between the Defendants and the Plaintiff.

The Plaintiff’s counsel submitted that a Vendor Agreement dated 27.12.2024 was executed between the parties to delineate the limited rights concerning the Plaintiff’s intellectual property. However, the Plaintiff subsequently became aware of the Defendants’ infringing activities, including unauthorised usage on promotional materials such as Diwali gift packages and Gandhi Jayanti posters. This led the Plaintiff to issue an intimation letter dated 01.01.2025 and a cease-and-desist notice dated 02.06.2025, both of which remained unanswered by the Defendants.

Considering the submissions, pleadings, and documents on record, Hon’ble Mr. Justice Tejas Karia observed that:

“A prima facie case has been made out by the Plaintiff for grant of an ex-parte ad-interim injunction. The balance of convenience lies in favour of the Plaintiff and against the Defendants. Irreparable injury would be caused to the Plaintiff if the Defendants are allowed to continue the use of the Impugned Mark.”

Accordingly, the Court restrained Defendant No. 1, its directors, assignees in business, associates, affiliates, franchisees, licensees, distributors, dealers, stockists, retailers, and agents from manufacturing, selling, offering for sale, advertising, or otherwise dealing, directly or indirectly, in stationery under the Impugned Mark ‘Neelgagan’ or any other trademark that is phonetically, visually, structurally, or deceptively similar to the Plaintiff’s trademarks ‘Neelgagan’ and ‘Neelgagan GREAT PRODUCTS GREAT :) VALUE’, amounting to infringement.

Further, the Court allowed the Plaintiff’s application for the appointment of Local Commissioners—Mr. Sunil Kumar and Mr. Rajneesh Jha, Advocates—to visit the Defendants’ premises in New Delhi and Sonipat, Haryana. The mandate includes inspecting and seizing any impugned products, whether fully or semi-manufactured, bearing the Impugned Mark ‘Neelgagan’, or packaging identical or deceptively similar to the Plaintiff’s trademarks. The Local Commissioners were also directed to obtain details regarding the use of the infringing products and relevant accounts. The commissions are scheduled to be executed on 10.09.2025.

The Court also granted the Plaintiff’s application seeking exemption from pre-institution mediation, noting that the present matter contemplates urgent interim relief, in light of the Supreme Court’s judgment in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382.

The matter is now listed before the Joint Registrar on 28.10.2025 for completion of service and pleadings, and before the Court on 12.01.2026.

Case Details:

Case Name: Haryana Traders Pvt. Ltd. v. Rainbow Paper Industries Private Limited & Ors.

Case Number: CS (COMM) 936/2025

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Tejas Karia

Order Date: 03.09.2025

Advocates for Plaintiff: Mr. Turab Ali Kazmi, Ms. Hardika Kukreja, Mr. Saransh Bhardwaj & Mr. Tanav Dubey

[Read Order]