Delhi High Court Restrains Imperia Decor From Using 'ALUMAC' Trademark For Building Materials
The Delhi High Court has restrained Imperia Decor Industries and another company from using the trademark “ALUMAC” for aluminium composite panels and other building materials, finding it deceptively similar to Alucopanel Industries' registered trademark “ALOMAX”.
The court also noted that a director of the other company had previously been associated with Alucopanel, indicating that the adoption of the mark was “not bona fide”.
Justice Vikas Mahajan passed the ad interim injunction on October 7 in a suit filed by Alucopanel Industries against Imperia Decor Industries.
Alucopanel said it and its predecessor, Analco (India) Pvt. Ltd., have used the "ALOMAX" mark since 2000 for plywood, block boards, aluminium composite panels and other building materials, with registrations across multiple classes assigned to Alucopanel in 2013.
In June 2026, during a routine market survey in Delhi-NCR, the company's sales staff came across the mark "ALUMAC" being used on a similar label and trade dress. It then discovered that Imperia Decor Industries had applied in March 2026 to register "ALUMAC" in Class 19 on a "proposed to be used" basis, and that one of the directors of the second defendant company had previously been associated with Alucopanel itself.
The court found a prima facie case on comparing the two marks, holding that "ALUMAC" is "phonetically and visually identical and deceptively similar" to "ALOMAX." It noted that the director's prior association with the plaintiff firm suggested the adoption of "ALUMAC" was "not bona fide."
It also held that since both parties sell similar building materials to buyers who are often "illiterate or semi-literate" and unable to distinguish subtle textual differences, the phonetic similarity between the marks was "bound to create confusion and deception" in the market.
Finding the balance of convenience in the plaintiff's favour and holding that it would suffer irreparable loss without immediate protection, the court restrained the defendants, along with their partners, agents, dealers, distributors and anyone acting on their behalf, from using "ALUMAC" or any mark deceptively similar to "ALOMAX" for aluminium composite panels and allied goods.
The matter is listed before the court on February 2, 2027.
For Alucopanel: Advocates Umesh Mishra and Divyanshu Rai