Saket Court Protects “ANTARA” Trademark, Restrains Kapiraj Corporation From Using “Shivant Antara”

The Commercial Court at Saket on 10 July held that Surat-based real estate firm Kapiraj Corporation infringed the trademark rights of Antara Senior Living Limited by using the mark “Shivant Antara” for its housing project, finding it deceptively similar to the registered trademark “ANTARA” owned by the Max Group company.

District Judge Vrinda Kumari awarded Rs. 5 lakh in damages after the defendants failed to contest the suit. She held:

“The Defendant's trademark SHIVANT ANTARA is deceptively similar to plaintiff's registered trademarks Antara and is likely to create confusion in the mind of the consumer.”

Antara Senior Living Limited had approached the Commercial Court seeking a permanent injunction against Kapiraj Corporation, a partnership firm, and its partners for infringement and passing off of its registered “ANTARA” trademark.

The plaintiff, incorporated as part of the Max Group, stated that it conceptualised the “ANTARA” brand in 2010 for senior living services and secured trademark registrations from 2011 onwards across four classes covering real estate, construction and healthcare services.

The plaintiff claimed that it learnt in December 2024 that Kapiraj Corporation was developing and promoting a residential project named “Shivant Antara” in Surat, Gujarat, using a logo prominently featuring the word “Antara”.

The project was registered under the Real Estate (Regulation and Development) Act and was listed on real estate platforms including Square Yards, Housing.com and Housivity. Kapiraj Corporation also promoted the project through social media platforms.

Despite receiving summons through email and speed post, the defendants failed to file their written statement within the mandatory 120-day period. The Court consequently struck off their defence and proceeded with the matter ex-parte.

The Court observed that Antara Senior Living Limited established its registration and prior use of the “ANTARA” mark, noting that its registrations dated back to 2011, whereas Kapiraj Corporation registered the project with the Real Estate Regulatory Authority (RERA) only in March 2024.

Accordingly, the Bench directed the defendants to remove all references to the mark from online and offline platforms under their control. It further awarded Rs. 5 lakh as nominal damages, payable within 30 days, failing which interest at 12% per annum would apply along with costs of the suit.