Delhi High Court Restrains Clothing Business From Using 'Men's Darzi' Mark
The Delhi High Court has restrained a clothing business from using the "Men's Darzi" mark from using the trademark, its accompanying logo or any identical or deceptively similar mark in relation to goods and services, including clothing and apparel.
Justice A. J. Bhambhani passed the ex-parte ad-interim injunction on September 18, 2026, after finding that Darzi (India) LLP and another had made out a prima-facie case.
The court also found that the balance of convenience lay in their favour and that refusal of interim protection could cause irreparable loss and injury.
The dispute centres on the use of the word "Darzi". The brand owners told the court that they hold a registration for "The Darzi The Suit People, 1981" and also have a registration for the word mark "DARZI" dating back to 2018.
The clothing business had applied to register "Men's Darzi" as a trademark on July 8, 2020. The Registrar of Trade Marks rejected the application, inter alia in view of an objection raised by the brand owners, according to a Trade Mark Journal/order dated November 8, 2024.
Counsel for the brand owners argued that use of "Men's Darzi" continued despite the refusal of registration. The word "Darzi", counsel submitted, formed a prominent part of the mark.
The court, on a preliminary appreciation of the matter, observed that the brand owners had made out a prima-facie case and that the balance of convenience lay in their favour.
It further observed that "irreparable loss and injury would be caused to the plaintiffs if the interim injunction as prayed-for is not granted."
The court also directed the brand owners to comply with the requirement of an ex-parte order within three weeks. The provision requires a party obtaining an injunction without prior notice to take specified steps to serve the order and related documents on the other side.
The suit and interim injunction application are listed before the Joint Registrar on December 9, 2026. The court will hear the matter thereafter.
For Darzi (India) LLP: Advocates Anirudh Bakhru, Naqeeb Nawab, Vibhav Singh and Alekshendra Sharma