Delhi High Court Issues Interim Order To Protect Trademark Infringement Of HCL's Mark In Healthcare Services

HCL Corporation (plaintiff) is the owner of 'HCL' trademark and its formative variants and it adopted the mark as an acronym from Hindustan Computers Limited. The plaintiff contended that HCL Group stands as a pioneer in the realm of next-gen technologies and has a collaboration with over 330 businesses and HCL Group's research and development section has played a pivotal role in enabling its clients to successfully launch more than 1000 products in the market.

It was argued that in 2012, HCL Corporation adopted the HCL trademark and its variants for its healthcare services. It was stated that HCL Corporation came across the defendant/Healthcare HCL Reference Laboratories' application filed in 2021 for the 'HCL Healthcare' mark and two other marks on a 'proposed to be used' basis. This application was opposed by HCL Technologies Ltd., one of the licensees of the HCL Corporation.

HCL Corporation said that the defendants are also using its trademarks in the same colour combination of blue and white as used by it. It further submitted that the defendant's website and social media pages used the impugned marks for their content. It sent a Cease and Desist Notice, but the defendants did not comply with the notice. HCL Corporation argued that the defendant's actions are mala fide and aim to strike a false association with HCL's services.

HCL Corporation argues that defendant's actions are mala fide and aiming to strike a false association with HCL's services.

Justice Amit Bansal opined that there was a prima facie case of unauthorized use of the impugned trademarks by the defendants. The Court noted that the marks are deceptively similar and likely to cause confusion in the market.

It stated that the balance of convenience lie with the HCL and irreparable injury would be caused to it if the defendants continue to use the impugned marks.

"On a prima-facie view, the unauthorized use of the trademarks 'HCL' by the defendants appears to be infringing the trademarks of the plaintiff. Balance of convenience is in favour of the plaintiff and against the defendants. Irreparable injury would be caused to the plaintiff if the defendants continue to use the impugned marks/labels. Prejudice would also be caused to the public as the marks/labels of the defendants are deceptively similar to that of the plaintiff and likely to cause confusion in the market," it added.

It further noted that defendants had not appeared despite advance service on them at their given email addresses. Issuing notice on the interim relief application, the High Court thus restrained the defendants from marketing, selling, offering, or providing goods or services using the HCL marks, till the next date of hearing.

It also directed them to take down the URLs/links/posts or any other content relating to the impugned marks. It additionally issued summons in the main lawsuit.

The matter is next listed on March 25, 2025.

Case title: HCL Corporation Pvt Ltd vs. Healthcare HCL Reference Laboratories & Ors (CS(COMM) 1140/2024 with I.A. 48669/2024)

Counsels for Plaintiff: Mr. Neel Mason, Mr. Ankit Rastogi, Mr. K. Y. Siddhant Vardhan, Mr. Shivam Issar, Mr. Udit Tewari and Mr. Nikhil Bharti.