Global Car Group PTE Ltd. (hereinafter referred to as ‘Global Car’) owns an e-commerce platform for pre-owned autos (cars and bikes). Global Car is the owner of a series of trademarks containing the numeral 24 trademarks inter alia “CARS24”, “ ”,"“ , “FUNDING24” and “ ” (bearing application nos. 4123128, 3717660, 3717587, 3717666, 4156389 respectively). (The respective labels are included in this article for academic purposes.)

 

 

Drivers24 is a Jaipur based startup which has developed a mobile application and website under domain name www.drivers24.in for hiring drivers on an hourly basis.

 

 

Global Car approached the Delhi High Court seeking an ex-parte injunction to restrain Mr. Mohit Goyal, (hereinafter referred to as ‘Goyal’) founder of Drivers24 from using deceptively similar trademark and logo “DRIVERS24” to that of Global Car's trademarks Global Car alleged that Goyal initially filed an application seeking registration for its mark. However, the same was subsequently abandoned. Global Car further alleged that the color combination used by Goyal for the mark ‘ ’ was identical to that of their own mark ‘ ’ and that Goyal did not desist from using the mark despite a 'Cease and Desist’ notice.

 

 

Global Car submitted that the words ‘Drivers’ and ‘24’ when put together juxtaposed with ‘Cars’ and ‘24’, and are likely to confuse consumers of average intelligence along with a presumption of association between the marks. Thereby claiming Drivers 24 is taking benefit of goodwill established by Cars 24 in the market.

 

 

After filing of the suit, summons was served by the Delhi High Court, however, none appeared on behalf of Mohit Goyal and hence the court decided to proceed ex-parte.

 

 

Finding a prima facie case in favour of Global Car, the Delhi High Court granted an ex-parte ad-interim injunction in favour of Global Car and restrained Goyal from using the marks ‘DRIVERS 24’, ‘ ’. The Court further ordered Goyal todelete the social media accounts and listings on third-party e-commerce websites maintained under the infringing marks identical or deceptively similar to Global Car’s '24 Formative Marks'. Goyal was also ordered to suspend their mobile application and website until the further hearing.

 

 

The matter is listed before the Joint Registrar, Delhi High Court for 7th March 2022.