The Delhi High Court has granted interim relief in favour of Allcargo Logistics Limited, restraining VRS All Cargo Packers and Movers Private Limited from using the marks “VRS ALLCARGO” and other deceptively similar variations, and directing suspension of multiple infringing domain names. Justice Tejas Karia noted that “to an unwary consumer of average intelligence and imperfect recollection, the Impugned Marks and the Subject Marks are likely to appear identical, thereby leading to confusion regarding the source or origin of the services offered thereunder.”
The case stemmed from the suit filed after Allcargo discovered that the defendants were offering identical and overlapping logistics services under the impugned marks “VRS ALLCARGO” through websites and social media platforms. This has prompted the plaintiff company to approach the Delhi High Court seeking interim injunctive relief for trademark infringement and passing off.
The Court, while hearing a commercial trademark infringement and passing off suit, held that Allcargo had established a strong prima facie case based on its long-standing and extensive use of the “ALLCARGO” mark in the logistics and cargo sector since the early 1990s. The Court noted that the plaintiff is the prior adopter and registered proprietor of the “ALLCARGO” word mark and several formative marks across multiple classes under the Trade Marks Act, 1999.
The Court observed that the impugned marks incorporated “ALLCARGO” in its entirety and were visually, phonetically and structurally similar to the plaintiff’s marks, creating a likelihood of confusion among consumers of average intelligence and imperfect recollection. Taking note of the plaintiff’s extensive commercial use, promotional expenditure, online presence and goodwill accrued over decades, the Court held that continued use of the impugned marks would dilute the distinctiveness of the “ALLCARGO” brand and cause irreparable harm to its reputation. The balance of convenience was found to be squarely in favour of the plaintiff.
Accordingly, the Court restrained the defendants, their directors, agents and affiliates from using the impugned marks or any other mark incorporating “ALLCARGO” in respect of logistics and allied services. The Court also directed Defendant No. 2, the domain name registrar, to suspend and block the infringing websites within 24 hours. The matter has been listed for further hearing on 17 March 2026.
Appearances
Plaintiff- Ms. Swathi Sukumar, Senior Advocate with Mr. Himanshu Deora, Ms. Rishika Aggarwal, Mr. Sanat Saswadkar, Mr. Ritik Raghuwanshi, Ms. S. Murthy & Ms. Pratibha Singh, Advocates.
