Delhi Court Partly Modifies Injunction in ‘Cox & Kings’ Trademark Dispute; Allows Limited Use by Abercrombie & Kent

In an ongoing trademark dispute over the iconic ‘Cox & Kings’ brand, the Saket District Court has partially modified its earlier ex-parte ad-interim injunction order that had barred the Abercrombie & Kent (UK) Group from using the mark in India. The revised order now permits the international travel giant to continue using the trademark in connection with overseas bookings and foreign tourists visiting India.

Background

The case arises from a suit filed by Wilson & Hughes India Pvt. Ltd., which acquired rights to multiple India-registered ‘Cox & Kings’ trademarks in 2024 following the liquidation of Cox & Kings (India) Ltd. The plaintiff claims rights based on a Deed of Assignment and alleges that Abercrombie & Kent’s use of the domain name coxandkings.co.uk and related branding constitutes trademark infringement and passing off within India.

On May 17, 2025, the Court had issued a sweeping interim injunction restraining Abercrombie & Kent from using the mark or the domain name within Indian territory. It also appointed a Local Commissioner to conduct a surprise inspection of the defendants’ Delhi office.

Represented by AZB & Partners and Agarwal Jately & Co., the defendants challenged the injunction under Order XXXIX Rule 4 of the Civil Procedure Code. After hearing detailed arguments, the Court modified the injunction on May 28, 2025, granting partial relief to Abercrombie & Kent.

Issue

The central issue before the Court was the intertwined legacy of the Cox & Kings brand, which dates back to its UK origin in 1758. Both parties trace their rights to a shared historical source. The Court acknowledged the global reach of the brand and the longstanding coexistence of both entities in different jurisdictions.

Noting that the matter involved complex questions of trademark ownership and goodwill—rather than straightforward infringement—the Court observed that both parties had legitimate claims arising from their respective legal and geographic contexts.

Modified Injunction: Restrictions and Relief

Balancing competing rights, the Court declined to enforce a blanket ban. Instead, it ruled that:

• Abercrombie & Kent may not accept new bookings from within India under the ‘Cox & Kings’ mark until further orders;

• However, they may continue to use the mark in India for servicing foreign clientele and international bookings made via the website coxandkings.co.uk;

• The plaintiff’s request to geo-block access to the website in India was denied, as such restrictions were deemed impractical given the global and cross-border nature of travel services.

The Court emphasized that the nature of the travel industry requires flexibility and that a complete ban on use of the trademark within Indian territory would be unwarranted under current circumstances.

Decision

The Court has directed that both parties’ applications under Order XXXIX Rules 1, 2, and 4 CPC be listed for further hearing after the defendants file their written statements. The forthcoming phase of litigation will likely involve detailed evidentiary analysis regarding the chain of title, goodwill, and the brand’s ownership lineage dating back to its 18th-century origin.