Delhi High Court Restrains Patna Firm From Using 'Nintendo India Private Limited' Name

The Delhi High Court has temporarily restrained a Patna-registered real estate company from using the name 'Nintendo India Private Limited' in a trademark infringement suit filed by Japanese gaming company Nintendo Co. Ltd.

Justice Jyoti Singh ruled that the company's adoption of the name was "with an objective of encashing on the goodwill and reputation of the Plaintiff."

The court observed that the company appeared to be trying to create the impression that it was associated with Nintendo, causing irreparable harm to the gaming company.

The ex parte ad interim order came on Nintendo's plea after it learnt in the second week of November 2025 that a Patna-registered real estate company and its directors had adopted the trade name 'Nintendo India Private Limited'. Nintendo also found that the company had not applied to register NINTENDO as a trademark.

Before moving the high court, Nintendo issued a cease-and-desist notice on February 17, 2026, seeking the company to stop using the name. When it received no response, it filed the suit.

It received no response at that stage, prompting it to file the suit.

Nintendo told the court that it owns several registrations for the NINTENDO word and device marks in India across multiple classes, with its earliest registration dating back to 1983. It also pointed out that some of its marks are registered as "defensive marks" in Japan, a category reserved for highly famous marks that allows enforcement even against use for dissimilar goods and services.

Seeking interim relief, Nintendo argued that NINTENDO is a coined and distinctive mark and there was no justifiable reason for a real estate company to adopt it as part of its corporate name. It contended that the adoption was dishonest and intended to exploit the reputation associated with the NINTENDO brand.

The court found that Nintendo had made out a prima facie case. It observed that "the impugned trade name is deceptively similar to Plaintiff's trade name NINTENDO CO. LTD. and the NINTENDO marks, and owing to the similarity, there is every likelihood of confusion amongst members of public and trade."

Holding that the balance of convenience lay in Nintendo's favour and that it would suffer irreparable harm without interim protection, the court restrained the company, its directors, an unknown defendant and all others acting on their behalf from using the name 'Nintendo India Private Limited' or the mark NINTENDO "in any manner whatsoever" until the next date of hearing