The plaintiff, Ashish Aggarwal, a sports enthusiast and founder of the Jet Sports Academy of India (JSAI), claimed rights over the trademarks \u201cX1\u201d and \u201cX1 WAR OF X-TREME SPEED\u201d, adopted in July 2016 for sporting and related services. These marks were registered in 2017 under Classes 35 and 41. Mr. Aggarwal argued that he had built significant goodwill through events such as the X1 Jetski World Cup in Goa, which featured international participation and sponsorship support.<\/p>\n
In November 2019, Mr. Aggarwal discovered on the e-ticketing platform, BookMyShow that the defendant M\/s Racing Promotions Pvt. Ltd planned to conduct an event titled X1 RACING LEAGUE. He also came across the defendant’s domain x1racing.com and learned that the defendant had applied for trademark registration for the impugned mark \u201cX1\u201d in classes 41 and 35.<\/p>\n
Mr. Aggarwal alleged that M\/s Racing Promotions Pvt. Ltd., founded in 2018, wrongfully adopted the identical mark \u201cX1\u201d for its \u201cX1 Racing League\u201d and related motorsports events, and was soliciting its services in the South Delhi markets. He filed a suit against the defendant seeking a permanent injunction for restraining infringement of trade marks and passing off, delivery up and rendition of accounts. On 28\/11\/2019, the District Court granted an interim injunction<\/strong> restraining the defendant from using \u201cX1\u201d pending disposal of the suit.<\/p>\n The Court held that Mr. Aggarwal\u2019s registered marks conferred statutory rights. Furthermore, evidence showed that the defendant was aware of Mr. Aggarwal’s registrations before its events but proceeded with the event. An appeal was preferred by the defendant against the order dated 28\/11\/2019 before the Hon\u2019ble High Court of Delhi. But the appeal was withdrawn vide order dated 16\/07\/2024 claiming that the impugned trademark was not in use since 2022. Since the defendant had already ceased using the impugned mark \u201cX1,\u201d the injunction as prayed was granted to prevent violation of Mr. Aggarwal\u2019s trademarks by the defendant at any point of time in future.<\/p>\n Upon direction of the Hon\u2019ble High Court of Delhi vide the appeal, the defendant had already filed a Provisional Profit and loss summary. Hence, while deciding the issue in favour of Mr. Aggarwal, no such further directions are called for as the document is already available on record.<\/p>\n Since bookings for the defendant\u2019s events were easily available on BookMyShow in South Delhi, the Court relied on Banyan Tree Holding (P) Limited v. A. Murali Krishna Reddy & Anr.<\/a>, to affirm territorial jurisdiction.<\/p>\n The Court granted a permanent injunction restraining Racing Promotions from using the impugned marks \u201cX1\u201d or \u201cX1 Racing League\u201d, the domain x1racing.com and any other word, label or domain name identical or deceptively similar to Mr. Aggarwal’s registered trademarks and copyrighted labels \u201cX1\u201d and \u201cX1 WAR of X-TREME SPEED\u201d.<\/p>\nThe defendant countered that:<\/h5>\n
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Issues Before the Court<\/h5>\n
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Court\u2019s Findings<\/h5>\n
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On permanent injunction:<\/h6>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
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On rendition of accounts:<\/h6>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
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On jurisdiction:<\/h6>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
Decision<\/h5>\n
Citation:<\/h5>\n