Delhi High Court: Bihar Company Prohibited from Using Nintendo India Name

• The Delhi High Court has restrained a Bihar-based real estate company from using the name 'Nintendo India Private Limited'.
• Nintendo Co Ltd filed a trademark infringement suit against the Bihar company, citing the adoption of the impugned name as an attempt to encash on Nintendo's goodwill and reputation.
• The court found that Nintendo had established a prima facie case for an ex parte interim injunction, highlighting the importance of protecting one's corporate name and brand identity in India.

Looking at the formidable reputation and goodwill of the plaintiff spanning over decades, it is prima facie evident that the adoption of the impugned name is with an objective of encashing on the goodwill and reputation of the plaintiff so as to misrepresent to the public that defendants No. 1-3 have some connection/affiliation/nexus with the plaintiff.

The Delhi High Court has issued an ex parte interim injunction against a Bihar-based real estate company from using the name 'Nintendo India Private Limited'. The court's decision was made in response to a trademark infringement suit filed by Nintendo Co Ltd, a Japanese gaming giant. This ruling highlights the importance of protecting one's corporate name and brand identity in India.

The court found that Nintendo had established a prima facie case for an ex parte interim injunction, citing the company's formidable reputation and goodwill spanning over decades. The adoption of the impugned name by the Bihar-based company was deemed to be with the objective of encashing on Nintendo's goodwill and reputation.

Nintendo Co Ltd, the Japanese gaming giant, has had its NINTENDO word mark registered in India since 1983. The Bihar-based company, 'Nintendo India Private Limited', was incorporated in 2022. Nintendo's products include popular gaming franchises such as Super Mario Bros, The Legend of Zelda, Pokémon and Donkey Kong.

The Delhi High Court's decision is a significant development in the realm of trademark law in India. It underscores the importance of protecting one's corporate name and brand identity in the country.

In India, trademark registration is governed by the Trademarks Act, 1999. The act provides for the registration of trademarks, including word marks, device marks, and combination marks. Nintendo had applied to register the NINTENDO word mark in India in 1983 in Class 28 and was subsequently granted registration.

The court's decision is a reminder that trademark infringement can have serious consequences, including financial losses and damage to reputation.

This case highlights the importance of protecting one's corporate name and brand identity in India. Companies must be vigilant in safeguarding their trademarks and take prompt action against any potential infringers.

Lawyers advising clients on brand identity and trademark protection should note that the Delhi High Court has granted an ex parte interim injunction against a Bihar company using the name 'Nintendo India Private Limited'. This ruling underscores the importance of protecting one's corporate name and brand identity in India.

Lawyers advising clients on brand identity and trademark protection should note that the Delhi High Court has granted an ex parte interim injunction against a Bihar company using the name 'Nintendo India Private Limited', highlighting the importance of protecting one's corporate name and brand identity in India.

Source: Original reporting via Nintendo gets relief from Delhi High Court against Bihar company 'Nintendo India'