Delhi High Court Grants Interim Injunction In Favour Of Bima Sugam India Federation In Trademark Dispute

Delhi High Court Grants Interim Injunction In Favour Of Bima Sugam India Federation In Trademark Dispute

Introduction

The Delhi High Court has granted an interim injunction in favour of Bima Sugam India Federation, restraining the defendant from passing off the mark ‘BIMA SUGAM’. The court held that a prima facie case had been made out in favour of the plaintiff and balance of convenience was also in their favour.

Factual Background

Bima Sugam India Federation, a not-for-profit company, was established pursuant to the Insurance Regulatory and Development Authority of India (Bima Sugam – Insurance Electronic Marketplace) Regulations, 2024. The plaintiff company was set up to establish, facilitate, develop, operate and maintain the Bima Sugam Marketplace for providing various services to insurance stakeholders. The mark “BIMA SUGAM” was first conceived in August 2022 by IRDAI and has since received extensive media coverage.

Procedural Background

The plaintiff had applied for the registration of the trade mark ‘BIMA SUGAM’ in April 2024, which was still pending. The defendant had registered the domain names (www.bimasugam.com) and (http://www.bimasugam.in) in October 2022 and was using them to showcase his services as an insurance agent.

Issues

1. Passing Off: Whether the defendant's use of the mark ‘BIMA SUGAM’ constitutes passing off.

2. Interim Injunction: Whether the plaintiff is entitled to an interim injunction restraining the defendant from using the mark ‘BIMA SUGAM’.

Contentions of Parties

Plaintiff's Contentions: The plaintiff claimed rights in the ‘BIMA SUGAM’ trade mark and alleged that the defendant's registration of the domain names was prejudicial to public interest.

Defendant's Contentions: The defendant had filed an application seeking registration of the mark ‘BIMA SUGAM’, which was opposed by the plaintiff.

Reasoning & Analysis

The court held that the registration of the impugned domain names by the defendant would be prejudicial to public interest as the defendant was seeking to monopolize the mark, which was announced by the Insurance Regulator IRDAI for a specific purpose in public interest. The court also held that a prima facie case had been made out in favour of the plaintiff and balance of convenience was also in their favour.

Final Outcome

The bench of Justice Amit Bansal granted an interim injunction in favour of the plaintiff, restraining the defendant from selling, offering for sale, advertising, directly or indirectly dealing in any manner with any goods or services using the mark “BIMA SUGAM”. The court also directed GoDaddy.com to lock and suspend the domain names www.bimasugam.com and http://www.bimasugam.in. The matter is next listed on 16th July 2025 for hearing.

Implications

The decision depicts the importance of protecting trademarks and preventing passing off. It also emphasizes the need for courts to consider public interest when granting interim injunctions in trademark disputes.

In this case the plaintiff was represented by Mr. Akhil Sibal, Senior Advocate, Ms. Swati Sharma, Mr. Rohin Koolwal, Mr. Pundreek Dwivedi, Ms. Ridhie Bajaj, Ms. Sugandh and Mr. Aryaman Vachher, Advocates.

Meanwhile the defendant was represented by Mr. Pratibhanu Singh Kharola and Mr.Girish Agarwal, Advocates.