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April 10, 2025

Delhi High Court Granted Ex-Parte Ad-Interim Injunction Against Infringement Of GEMINI Trademark And Copyright As Well As Trade-Dress 

Reported By: Ashwani Balayan and Manish Kumar

In the commercial suit titled Cargill India Pvt. Ltd. v M/s Tirupati Oils & Anr. [CS(COMM)-204/2025] of trademark and copyright infringement and passing off, the Delhi High Court granted an ex-parte ad-interim injunction against the use of Plaintiff’s GEMINI trademarks and trade-dress use in connection with edible oils.

While recognizing the Plaintiff’s rights in the GEMINI trademark and trade-dress through statutory trademark and copyright registrations as well use for edible oils in India for over four decades, the Hon’ble Judge Amit Bansal injuncted the Defendants from using the trademark GEMINI or any other mark deceptively or confusingly similar thereto, including the marks GAMINI, SUPER GAMINI, GESMINI as well as the labels and trade-dress. The Hon’ble Court also observed that “Balance of convenience is in favour of the plaintiff and against the defendants. Irreparable injury would be caused to the plaintiff if the defendants continue to use the impugned marks. Prejudice would also be caused to the public as the marks of the defendants are deceptively similar to that of the plaintiff and likely to cause confusion in the market”. Raids were carried out under the Hon’ble Court’s orders to search and seize infringing goods.

Plaintiff in this matter was represented by ALG through its Partner & Litigation Practice chair Ashwani Balayan and Associates Manish Kumar.

Copy of the Order is available here:

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