"Urgent And Alarming Need": Delhi HC Calls For CPC, IT Rules Reform To Address Tech-Era Enforcement Issues In Trademark Infringement

The Delhi High Court on Tuesday observed that there is an “urgent and alarming need” to amend the Code of Civil Procedure and the IT Rules to deal with evolving online infringement, while refusing to grant a post-decree dynamic injunction in a trademark dispute involving Mahindra & Mahindra Ltd., holding that courts cannot go beyond the statutory framework even where digital violations continue after judgment.

“There is an urgent and alarming need for the Central Government and the Legislature to act in haste to bring about radical changes in CPC as also the IT Rules to suit, and align with the complex and critical issues that the citizens, organizations, and entities are grappling with. One can easily fathom the huge financial losses that institutions and companies, etc. may face even after being successful in a litigation. Surely, no successful litigant can be expected to hold a decree and still be frustrated on account of non-implementation thereof,” the Court observed.

In a judgment delivered on March 16, 2026, Justice Tushar Rao Gedela decreed a trademark infringement suit in favour of Mahindra & Mahindra Limited against Diksha Sharma, proprietor of Mahindra Packers Movers, and other entities, but declined the company's request for a dynamic injunction that would have allowed impleadment of future infringing websites after the decree.

Mahindra had argued that the defendants were unauthorisedly using the “MAHINDRA” mark and domain names such as mahindrapackers.com to create a false association with the Mahindra Group, which stated that it has used the name since 1948 and holds multiple trademark registrations and that the mark has been recognised as well-known by the Supreme Court.

The company sought liberty to implead mirror, redirect, or alphanumeric variation websites even after disposal of the suit, relying on earlier Delhi High Court rulings permitting such dynamic injunctions to address recurring online infringement.

However, the Court held that such relief cannot be granted after the final judgment is pronounced, as the court becomes functus officio and cannot modify or extend the decree except in accordance with the limited powers available under the Code of Civil Procedure.

The bench observed:

“Having regard to the technological advancements in the field of innovation and concepts like Artificial Intelligence and the rapid developments in use of the internet, rather misuse, the Courts have developed the law in relation to suits and executions to align with such technological advancements. However, the moulding of relief and innovation in the method of execution which may be required in view of the critical situation a plaintiff may face, cannot, in the humble view of this Court, travel beyond the confines of the CPC.”

Rejecting the request to empower the Joint Registrar to extend injunctions to new infringing websites after the decree, the Court held that an interim injunction merges into the final judgment and cannot survive independently for post-disposal enforcement.

“If the Court itself is denuded of any such power, the question of conferring or vesting such power on a persona non grata is fundamentally not available”.

The Court also cautioned that allowing such post-decree impleadment would defeat the principle of finality in litigation.

“Another view could also be as to whether the lis would ever come to an end. In the manner proposed by learned counsel for the plaintiff, the suit would always be “alive” even after the judgment is pronounced or the decree is drawn up. A successful party can revive the suit even after a passage of long time. This would draw curtains upon the doctrine of finality attached to any legal proceedings.”

While decreeing the suit and directing blocking of the infringing domain names, the court reiterated that changes to the CPC and the IT framework may be required to address the realities of misuse of the internet and emerging technologies.