Delhi High Court Shields ‘ALLCARGO’ Brand, Bars Rival From Using ‘VRS ALLCARGO’ in Logistics Trade

Delhi High Court Shields ‘ALLCARGO’ Brand, Bars Rival From Using ‘VRS ALLCARGO’ in Logistics Trade

Introduction

The Delhi High Court has granted interim protection to Allcargo Logistics Limited, restraining a rival logistics firm from using the mark “VRS ALLCARGO” and other deceptively similar variants. The Court held that such use was prima facie infringing Allcargo’s registered trademarks and amounted to passing off by trading upon its goodwill in the logistics sector.

Justice Tejas Karia passed the interim order on December 1, 2025, finding that the defendants’ adoption of the impugned mark was likely to cause confusion among consumers of logistics and cargo services.

Factual Background

Allcargo Logistics Limited is a well-established logistics and supply chain company that has been operating under the ALLCARGO mark since the early 1990s. The company claimed continuous, extensive and uninterrupted use of the mark over several decades, supported by substantial revenues, promotional expenditure and a wide portfolio of trademark registrations across multiple classes.

According to Allcargo, VRS All Cargo Packers and Movers Private Limited began offering logistics and relocation services under the marks “VRS ALLCARGO” and similar expressions. These services were marketed through websites such as vrsallcargo.in and vrsallcargopackers.com, and were allegedly identical or overlapping with Allcargo’s own offerings.

Allcargo asserted that the defendants had adopted its mark in its entirety and were attempting to unfairly benefit from the goodwill and reputation attached to the ALLCARGO brand.

Procedural Background

Allcargo approached the Delhi High Court seeking interim injunctions against trademark infringement and passing off. Despite being served, the defendants did not appear before the Court. After examining the pleadings and documents placed on record, the Court proceeded to consider whether interim relief was warranted in favour of the plaintiff.

Issues

1. Whether the defendants’ use of the mark “VRS ALLCARGO” amounted to infringement of Allcargo’s registered ALLCARGO trademarks.

2. Whether such use was likely to cause confusion or deception among consumers of logistics services.

3. Whether Allcargo had satisfied the requirements for grant of interim injunction.

Contentions of the Parties

Allcargo contended that it is the registered proprietor of the ALLCARGO word mark and enjoys statutory protection across multiple classes. It argued that decades of continuous use had rendered the mark distinctive and exclusively associated with its logistics services.

The plaintiff submitted that the defendants’ marks incorporated ALLCARGO in its entirety, and that the addition of “VRS” was insufficient to distinguish the competing marks. It was further argued that both parties operated in the same industry and used identical trade channels, heightening the likelihood of confusion.

The defendants, though served, did not appear or contest the proceedings.

Reasoning and Analysis

The Court observed that the material placed on record demonstrated Allcargo’s statutory ownership of the ALLCARGO mark as a standalone word mark. It noted that the defendants had adopted the impugned marks by incorporating ALLCARGO in its entirety, which constituted the dominant and essential feature of the plaintiff’s trademark.

Justice Tejas Karia held that the impugned marks were visually, phonetically and structurally deceptive and that a consumer of average intelligence and imperfect recollection was likely to assume an association between the two entities. The risk of confusion was compounded by the fact that both parties offered identical or overlapping logistics services through the same commercial channels.

The Court further recorded that Allcargo was the prior adopter and long-standing user of the mark, and that its extensive use had resulted in significant goodwill and public recognition. The balance of convenience, the Court held, clearly favoured Allcargo, and denial of interim relief would result in irreparable harm to its trademark rights.

Decision

The Delhi High Court granted an interim injunction restraining the defendants, their affiliates and agents from using the mark “VRS ALLCARGO” or any other mark deceptively similar to ALLCARGO in relation to logistics and relocation services.

The Court also directed the domain name registrars to suspend and block the websites www.vrsallcargopackers.com, www.vrsallcargopackers.in and www.vrsallcargo.in within 24 hours of receipt of the order. The matter has been listed for further hearing on March 17, 2026.

In this case the plaintiff was represented by Ms. Swathi Sukumar, Senior Advocate with Mr. Himanshu Deora, Ms. Rishika Aggarwal, Mr. Sanat Saswadkar, Mr. Ritik Raghuwanshi, Ms. S. Murthy and Ms. Pratibha Singh, Advocates.