Delhi High Court Restrains 70 Businesses From Using Agarwal Packers & Movers Trademark

The Delhi High Court has restrained 70 defendants from using the “AGARWAL PACKERS & MOVERS” trademark or deceptively or confusingly similar marks, including through Google Search and Google Business Profile listings, after Agarwal Packers and Movers Ltd alleged that third parties were using its name and identity in business listings.

Justice Purushaindra Kumar Kaurav found a prima facie case that such listings could confuse people looking for packing, moving or relocation services.

The court observed that consumers could reasonably believe that the service provider was Agarwal Packers and Movers or was associated, affiliated or otherwise connected with the company.

The order was passed on September 22 in a commercial suit filed by Agarwal Packers and Movers Ltd and another plaintiff, along with an application seeking an interim injunction.

The company is engaged in packing, moving, relocation, and allied services. It claimed to have continuously used the trademark AGARWAL PACKERS & MOVERS and said the mark had acquired substantial goodwill and reputation.

According to the company, third parties had created or operated business listings on Google Search and Google Maps using AGARWAL PACKERS & MOVERS or marks identical with or deceptively and confusingly similar to it.

Several of the listings allegedly used the company's name, marks, logos, photographs and other identifying features. The company claimed that these listings represented an association with it and misled members of the public.

Senior Advocate Chander M. Lall, appearing for the company, submitted that use of its registered trademark, or marks deceptively and confusingly similar to it, by third parties providing identical or allied services constituted infringement and passing off.

The court held that the plaintiffs had made out a prima facie case for interim protection. It noted that the plaintiffs had placed material supporting their rights in the trademark and relied on previous judicial decisions recognising those rights.

“Prima facie, the use of the plaintiffs' trademark, name, logo and other identifying indicia by third parties in business listings, particularly in relation to the same or allied services, is capable of causing confusion and deception amongst members of the public,” the court observed.

A consumer seeking packing, moving or relocation services, it added, “may reasonably believe” that the concerned service provider is the plaintiffs or is associated, affiliated or otherwise connected with the plaintiffs.

The court also held that the balance of convenience lay in favour of the plaintiffs. In practical terms, it found that no legitimate prejudice would be caused to a person who had no right to use the company's trademark if such use was restrained.

The court further held that the injury apprehended by the plaintiffs could not be adequately compensated merely in monetary terms. Continued unauthorised use of the trademark could result in diversion of potential customers and lead to the company being associated with services or conduct with which it had no connection.

The injunction covers AGARWAL PACKERS & MOVERS, AGARWAL and AGGARWAL PACKERS & MOVERS, as well as any other trademark, trade name, business name or designation identical with or deceptively or confusingly similar to the company's trademark.

The 70 defendants have also been restrained from advertising, promoting, offering or providing their services or business under those marks in a manner that passes them off as the plaintiffs' services or business. This includes business listings, profiles or pages on Google Search and Google Business Profile.

They have further been restrained from using any name, logo, photograph, representation or other identifying feature to suggest an association, affiliation or connection with the company or its services.

The order separately directs the entity responsible for the Google listings to remove or disable the Google Search and Google Business Profile listings identified by the plaintiffs, insofar as they use AGARWAL PACKERS & MOVERS or any identical, deceptively or confusingly similar mark, or otherwise represent or suggest an association with the plaintiffs.

The position regarding Google Maps is different. The court did not issue a final direction at this stage concerning the impugned Google Maps listings. It kept the issue open for consideration for the defendant to place its response.

The court also did not issue a final direction at this stage on the plaintiffs' request for a “dynamic injunction”.

The request seeks a mechanism to deal with subsequently identified uses of the trademark or similar marks in online business listings without requiring the plaintiffs to return to court for every such instance.

The suit is listed before the Joint Registrar for marking of exhibits on December 9, 2026. The matter is also listed on January 29, 2027.