Delhi High Court Restrains Doora Express Services' Former General Manager From Using 'DURA' Mark
The Delhi High Court has restrained a former General Manager and his logistics company from using “DURA” for logistics and transportation services. The court found prima facie merit in Doora Express Services' claim that the mark is similar to its registered “DOORA” trademarks.
Justice A.J. Bhambhani passed the order in a suit filed by Doora Express Services against Dura Logistics India and its director.
Doora Express Services is the registered proprietor of the trademarks "DOORA," "DOORA EXPRESS SERVICES" and "DOORA LOGISTICS," along with an associated device mark in Class 39 covering logistics and transportation services.
Doora told the court that the second defendant had worked as its General Manager, and that while still in this fiduciary role, he incorporated the competing logistics business on 31.10.2023 under the mark DURA.
Doora's counsel argued that "DURA" was phonetically, visually, structurally and commercially similar to its own registered marks, and being used for identical logistics and transportation services.
The court held that Doora's submissions were "prima facie borne out from the record," and that it had made out a strong prima facie case, with the balance of convenience in its favour and a likelihood of irreparable harm without interim relief.
The court restrained the defendants from using "DURA" or any deceptively similar mark, from using any logo, trade dress, domain name or marketing material likely to cause confusion with Doora's business.
For Doora Express: Advocates Divyansh Singh and Satyajeet Ganguli