Delhi High Court: Flags Lawyer's Repeated Suppression of Facts in Trademark Suits

The Delhi High Court recently invoked a line from Ian Fleming’s James Bond novel Goldfinger while flagging a pattern of wilful suppression of facts by a lawyer in at least three trademark suits [Nugenesys Vs Celagenex].A Division Bench of Justices V Kameswar Rao and Manmeet Pritam Singh Arora said that advocate Sachin Gupta repeatedly failed to disclose cease-and-desist notices and other material documents while filing suits seeking ex-parte injunctions. “Once is happenstance. Twice is coincidence. Three times is enemy action. A repeated event is no longer random, but is a deliberate act,” the Court said.Justice V Kameswar Rao and Justice Manmeet Pritam Singh AroraThe observations came while allowing an appeal filed by Nugenesys Pharmaceuticals Private Limited and its promoter, Shoyeb Abdul Gafoor Mandlekar, against an ex-parte injunction restraining them from using the trademark ‘RewireX’.The injunction was obtained by Celagenex Research (India) Private Limited, which sells nutraceutical products under the registered trademark ‘NUREWIRE’.Celagenex claimed that it learnt about the sale of products under the RewireX mark in May 2026. However, the Division Bench found that the company had issued a cease-and-desist notice to Nugenesys in October 2025 and opposed its trademark application in January 2026.Neither development was disclosed in the plaint. Instead, the relevant documents were “tucked away” in a compilation under what the Court termed an obscure description.The Court