Delhi High Court Temporarily Injuncts Bus Service And Manufacturing Entities From Using BharatBenz Mark

The Delhi High Court has temporarily barred several entities, including Getmohit Cab Private Limited and Shri Bheru Nath Motor Body, from using the “BHARATBENZ” mark in a trademark infringement suit filed by Daimler India Commercial Vehicles Pvt Ltd.

The order was passed after the court granted an ex parte ad interim injunction, restraining the defendants and unidentified John Doe entities from using the mark or any deceptively similar mark in relation to buses and allied services.

A bench of Justice Jyoti Singh observed that the balance of convenience lay in favour of the plaintiff and that it would suffer irreparable harm if the injunction were not granted.

“Having heard learned counsel for the Plaintiff and upon perusal of the documents, I am of the view that Plaintiff has made out a prima facie for grant of ex parte ad interim injunction against Defendants No. 1 to 3. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the interim injunction, as prayed for, is not granted” the court said.

Daimler India had filed the suit against Getmohit Cab Private Limited, a sole proprietorship concern (Defendant No. 2), Shri Bheru Nath Motor Body, and other unidentified entities, alleging that they were manufacturing, deploying, and advertising buses using the “BHARATBENZ” mark and logo without authorisation.

According to the plaint, around the end of November 2025, the company discovered a video on social media platform X showing a bus bearing the “BHARATBENZ” mark and logo on its front grille, while the steering wheel carried branding of a different manufacturer, Leyland. The video also indicated that the bus lacked essential safety features such as an emergency exit and air suspension.

The plaintiff further alleged that the defendants were promoting and booking such buses through websites and online platforms, including by listing “Bharat Benz” as a bus type, thereby misleading consumers into believing an association with the plaintiff.

It was argued that such unauthorised use of identical or deceptively similar marks for identical services was likely to cause confusion among the public and dilute the distinctiveness of the well-known “BENZ” family of marks. The plaintiff also said the inferior quality of the buses was harming its reputation.

Accepting the submissions at this stage, the court restrained the defendants and all those acting on their behalf from using, manufacturing, marketing, offering for sale, supplying, deploying, displaying, or advertising buses or related services under the mark “BHARATBENZ” or any mark, logo, label, device, or trade dress deceptively similar to the plaintiff's registered trademarks.

The matter will be taken up next on July 22, 2026.