Cars24 and Drivers24 get into a squabble about trademark infringement.
Global Car Group PTE Ltd. owns an e-commerce platform that sells repossessed vehicles and motorcycles. Global Car is the sole owner of a set of trademarks with the number 24 in them. “CARS24” [Word Mark and Device Mark], “AUCTION24” [Device Mark], “FUNDING24” [Device Mark], and “UNNATI24” [Device Mark] are examples of such trademarks. The application numbers for these trademarks are 4123128, 3717660, 3717587, 3717666, and 4156389, respectively.
Mr. Mohit Goyal launched Drivers24, a firm based in Jaipur. However, using the domain name www.drivers24.in, it has developed a mobile application and a website. It is employed for the purpose of employing hourly-paid drivers.
When Global Car learned of DRIVERS24, it served Mohit with a Cease & Desist Notice, but he refused to stop using the mark. Finally, Global Car filed an ex-parte injunction with the Delhi High Court, prohibiting Mohit from using the phonetically and deceptively similar trademark and logo “DRIVERS24” to Global Car’s trademarks. Global Car also accused Mohit of filing an application in which he sought registration for the company’s trademark. However, due to a variety of factors, the project was shelved. Global Car continued to claim that Goyal’s “DRIVERS24” [Device Mark] colour scheme was nearly identical to their own “CARS24” [Device Mark] colour scheme.
“The terms ‘Drivers’ and ’24’ paired with ‘Cars’ and ’24’ are likely to confuse customers of average intellect, as well as a presumption of linkage between the marks,” Global Car wrote. As a result, Drivers24 is reaping the benefits of Cars24’s market reputation.” The Delhi High Court issued a summons after the suit was filed successfully, but no response came from Mohit Goyal’s side. As a result, the court chose to proceed ex parte.
The Delhi Court decided that Global Car had a prima facie case and awarded an ex-parte ad-interim injunction in its favour. The court also barred Goyal from using the ‘DRIVERS24’ wordmark and device mark in the future. “Goyal is instructed to delete the infringing social media accounts and listings on third-party e-commerce platforms maintained under the infringement marks identical or deceptively similar to Global Car’s ’24 Formative Marks,'” the Court continued. He’s also been told to put his mobile app and website on hold until the next hearing.” The issue is scheduled to be heard by the Joint Registrar of the Delhi High Court on March 7, 2022.