The Delhi High Court has granted interim relief to Hippo Homes in a trademark infringement case, temporarily restraining another entity from using marks similar to “Hippo Marks.” The order came from Hippostores Technology Private Limited vs Azhar Ahmed Trading and Anr.
Details of the Interim Relief
Justice Mini Pushkarna issued an ex-parte interim injunction against Azhar Ahmed, trading as M/S AR Metal Works, prohibiting using the “Hippo Marks” or any identical or deceptively similar marks. The defendant was further directed to:
1. Cease Using Similar Marks: Stop using “Hippo Marks” or similar branding across all platforms, including offline and online.
2. Remove Infringing Content: Immediately remove social media posts and website listings displaying the infringing mark.
The injunction will remain effective until the next court hearing, scheduled for February 20, 2025.
Case Background
Hippo Homes, a leading wholesale and retail store for building and home improvement products operates under the “hippostores.” The store partners with over 300 brands, including well-known names like Kohler, Jaquar, Havells, Philips, and Bosch, offering a wide range of products such as bath solutions, tiles, flooring, and electrical appliances.
The plaintiff alleged that the defendant, operating a website named “hippostore,” was using similar branding without authorization. Hippo Homes argued that the defendant’s actions were deceptive and designed to mislead customers, leveraging the goodwill and reputation of Hippo Homes to promote its products.
Court’s Observations
After reviewing the evidence, including a side-by-side comparison of the plaintiff’s and defendant’s marks, the court found that Hippo Homes had established a prima facie case for interim relief. Justice Pushkarna observed:
“The plaintiff has demonstrated a prima facie case for the grant of injunction, and, in the absence of an ex-parte interim injunction, the plaintiff would suffer irreparable harm. The balance of convenience is also in favor of the plaintiff.“
The court emphasized the need to protect the plaintiff’s trademark rights, particularly given the likelihood of consumer confusion.
Plaintiff’s Arguments
- Continuous Use: Hippo Homes has used the “Hippo Marks“ since 2021, creating significant brand recognition.
- Misrepresentation: The defendant’s use of similar marks was misleading customers and amounted to passing off.
- Unfair Competition: The defendant sought to piggyback on Hippo Homes’ established goodwill and reputation.
Legal Representation
Hippo Homes was represented by a team of advocates, including Vanita Bhargava, Ajay Bhargava, Nirupam Lodha, Kshitij Parashar, Gautam Wadhwa, Phalguni Nigam, and Vanshika Thapliyal.
Importance of the Ruling
The interim relief underscores the court’s commitment to safeguarding intellectual property rights and preventing unfair competition. It also highlights the judiciary’s willingness to act swiftly in cases where inaction could result in irreparable harm to a business’s reputation and consumer trust.
As the matter progresses, the court’s final decision will likely set an important precedent for protecting trademarks in the digital and retail spaces.
