Delhi High Court Denies Relief To Broad Peak Investment In Trademark Dispute With Broad Peak Capital

Delhi High Court Denies Relief To Broad Peak Investment In Trademark Dispute With Broad Peak Capital

States that sporadic use of the mark in India was not sufficient to establish a reputation

The Delhi High Court has denied relief in a trademark dispute, stating that an internationally recognized name does not automatically imply goodwill in India.

The trademark dispute arose between Broad Peak Investment Holdings Limited and Broad Peak Capital Advisors Limited, with the former seeking an injunction against the latter for trademark infringement.

Broad Peak Investment pleaded before the court to restrain Broad Peak Capital from infringing its trademarks and passing off its business as its own.

The bench held, “The documents filed by the plaintiffs are not sufficient to come to establish that they have acquired spillover of their goodwill and reputation in India.”

The Court found Broad Peak Investment’s documents related to the registration of a sub-account, account statements for investments in India, letter for allocation of equity shares, and disclosure filed by various banks, NBFCs, and PSUs evidencing engagement. While it demonstrated the use, however, the company could not acquire reputation and goodwill for the mark in the country.

The bench added, "The documents indicate limited transactions involving the plaintiffs. It is not the case of the plaintiffs that they have issued advertisements that have been widely circulated, nor have they placed any documents to show that they are among the leading FPIs in India."