NEWGEN IT TECHNOLOGIES LIMITED V. NEWGEN SOFTWARE TECHNOLOGIES LIMITED
Neutral Citation: 2025: DHC:4964-DB
Honorable Delhi High Court’s Bench: Justice Navin Chawla and Justice Harish Vaidyanathan Shankar
Date: 12.06.2025
The Appellant has challenged the Order passed by the Ld. District Judge, (Commercial), South District, Saket Courts, whereby the Court has granted ex-parte ad interim injunction in the favour of the respondent based on the view that the name adopted by the appellant was exactly similar to that of the Respondent and may cause confusion in the minds of general public at large. This Hon’ble Court observed that the Respondent has been using the Newgen trademark in the domain of software development since 1992 and holds user claim since then for the same. The appellant has previously operated in the same field with the name as VCARE InfoTech Solutions and Services and also that it has previously entered into partnership agreement with the Respondent. Moreover, the Appellant changed its name to NewGen IT Technologies after the termination of the partnership agreement. The Hon’ble Court agreed with the findings of the District Court that the two marks are ‘strikingly similar’, both entities operate in the same business domain. It was further emphasized by the Hon’ble Court that the association between the Appellant and the Respondent as Partners previously is capable of causing confusion in the minds of an average consumer, thereby justifying the grant of ex-parte ad-interim injunction in favor of the Respondent. Hence, the appeals were dismissed.1
