Dhruv Anand, Ms. Udita Patro, Ms. Nimrat Singh Mr. Dhananjay Khanna, Advocates v. M/S BIHANI JEWELLERS ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 903/2025, I.A. 21139/2025, I.A. 21140/2025, I.A. 21141/2025, I.A. 21142/2025, I.A. 21143/2025, I.A. 21144/2025 & I.A. 21145/2025 TITAN COMPANY LIMITED .....Plaintiff Through: Mr. Dhruv Anand, Ms. Udita Patro, Ms. Nimrat Singh & Mr. Dhananjay Khanna, Advocates. Versus M/S BIHANI JEWELLERS & ANR. .....Defendants Through: Mr. Ankit Bihani, Defendant No.2 in person. CORAM: HON’BLE MR. JUSTICE TEJAS KARIA O R D E R % 29.08.2025 1. Let Plaint be registered as a Suit. 2. Issue Summons. 3. The learned Counsel for the Defendants accepts Summons. 4. The present Suit has been filed by the Plaintiff, inter alia, seeking permanent injunction restraining infringement of the registered Trade Marks, passing off and infringement of Copyright by the Defendants. 5. The Plaintiff company was established in the year 1984 and is India’s leading manufacturer of jewellery, watches, eyewear, etc. The Plaintiff has been continuously using the Mark ‘Tanishq’ in relations to its jewellery products since 1994 and has obtained several registrations for the said Mark. The Plaintiff is also the owner of Copyright in all the original images of its products, which have been taken by or at the behest of the Plaintiff. 6. Defendant No.1 is a company engaged in the business of selling 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 09/09/2025 at 12:09:18 jewellery through their store as well as its website ‘https://bihanijewellers.in/’, and Defendant No.2 is the proprietor of Defendant No.1. In July, 2025, the Plaintiff became aware that the Defendants were using the Plaintiff’s Copyrighted images, registered designs and well-know Trade Mark ‘Tanishq’ to sell their jewellery products on their website. 7. At this stage, the learned Counsel for the Defendants, on instructions from Defendant No.2, proprietor of Defendant No. 1, who is personally present in Court, states that neither have the Defendants copied nor do they have any intention to copy any of the designs of the Plaintiff. 8. The learned Counsel for the Defendants also submits that the Defendants are willing to suffer an injunction as prayed for in the present Suit. 9. In view of the statement made and the undertaking given by the learned Counsel for the Defendants, on instructions from Defendant No.2, who is also Authorized Representative of Defendant No. 1, the present Suit is decreed in terms of the Prayer Clause in Paragraph No. 74 of the present Suit. 10. Accordingly, the Defendants are directed to comply with the aforesaid undertaking and are bound by the injunction in terms of the Prayers in Paragraph 74(i) to (viii) of the Suit, which are reproduced below: (i) “An order of permanent injunction restraining the Defendant, their proprietor or partners as the case may be, their officers, servants, agents and representatives and all others acting for and on their behalf from infringing the Plaintiff’s copyright in its photographs / images as uploaded on its website and social media handles (provided in Document - A) by unauthorised reproduction/use of the same by the Defendants on their 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 09/09/2025 at 12:09:18 website / social media handles or otherwise in relation to the services rendered by the Defendants online / offline or in any manner whatsoever; (ii) An order of permanent injunction restraining the Defendants, their proprietors or partners as the case may be, their officers, servants and agents and all others acting for and on their behalf from applying (or causing to be applied) to any article/product, the Plaintiff’s registered Design No. 459379-001 or any fraudulent or obvious imitation therefore or do anything with a view to enable the registered designs of the Plaintiff to be so applied, and in particular to be restrained from manufacturing, selling, offering for sale, advertising, exporting, importing, marketing and distributing the product which is a substantial imitation of the Plaintiff’s registered design or to do any other act as to lead to infringement of the Plaintiff’s design; (iii) An order of permanent injunction restraining the Defendants, their proprietors or partners as the case may be, their officers, servants, agents and representatives and all others acting for and on their behalf from copying the Plaintiff’s well-known and unique jewellery product styles which would amount to Passing Off of their jewellery products as that of the Plaintiff as also lead to unfair competition and dilution of the goodwill of the Plaintiff; (iv) An order for permanent injunction restraining the Defendants, their proprietors or partners as the case may be, their principal officers, servants, agents and all others acting for and on behalf of the Defendants from publishing, writing, speaking or in any manner communicating to the public, in any media including electronic media, or publishing in any manner or form any content/ material which is defamatory or disparaging about the Plaintiff’s well-known trademarks/tradenames ‘Tanishq’ as mentioned in paragraph 18 of the present plaint (specifically Trademark Nos. 643126, 729274 and 646019); (v) An order for permanent injunction restraining the Defendants, 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 09/09/2025 at 12:09:18 their proprietors or partners as the case may be, their principal officers, servants, agents and all others acting for and on behalf of the Defendants from infringing the Plaintiff’s registered and well-known trademarks/tradenames ‘Tanishq’ as mentioned in paragraph 18 of the present plaint (specifically Trademark Nos. 643126, 729274 and 646019) in any manner including but not limited to through the impugned defamatory / disparaging content, either through spoken or written words to promote the sale of their own products; (vi) An order of permanent injunction restraining the Defendants, their proprietors or partners as the case may be, their officers, servants, agents and representatives and all others acting for and on their behalf from infringing the Plaintiff’s moral rights in its photographs / images as uploaded on its website and social media handles by unauthorised reproduction/use as also distortion and mutilation of the same by the Defendants on their website / social media handles or otherwise in relation to the services rendered by the Defendants online / offline or in any manner whatsoever; (vii) An order of permanent injunction restraining the Defendants, their proprietors or partners as the case may be, their officers, servants, agents and representatives and all others acting for and on its behalf from engaging in unfair competition and causing dilution of the brand of the Plaintiff; (viii) An order directing the take down of the 66 URLs and 129 Instagram links (as mentioned in Document – A) on the Defendants’ website / social media handles which bear infringing products violating the Plaintiff’s rights.” 11. In view of the above, the learned Counsel for the Plaintiff does not press the Prayers in Paragraph No. 74(ix) to (xiii). 12. Accordingly, the Suit is disposed of in the aforesaid terms. 13. Let the Decree Sheet be drawn up. 14. The Defendants shall be bound by the aforesaid directions. 15. As regards the Court Fees, since the plaintiff has filed IA No.21143/2025 seeking extension of time in filing the Court Fees. In view 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 09/09/2025 at 12:09:18 of the suit being decreed, the Plaintiff is exempted from filing the Court Fees as prayed for in IA No.21143/2025. 16. The pending Applications also stand disposed of. TEJAS KARIA, J AUGUST 29, 2025 ‘gsr’