Bombay High Court

THE INDIAN EXPRESS P LTDversusSanskar Singhaniya

Decided: 17 September 2026
Disposal: ABSOLUTE

Holding

The Court granted the interim injunction, restraining the defendants from infringing the plaintiff's trademarks and ordering suspension of the disputed domain and preservation of related data.

Summary

The Indian Express Ltd. filed a suit alleging trademark infringement and passing off against Sanskar Singhaniya and others, claiming the defendants were using marks and domain names deceptively similar to its registered "THE INDIAN EXPRESS", "BHARAT EXPRESS" and the "flame-of-hope" marks. The defendants failed to appear despite service of process, and no reply was filed to the leave petition, leaving the plaintiff's averments unchallenged. The plaintiff relied on a comparison of the marks (para 53A) and a communication from the defendants dated 11 September 2026 to support its claim. The Court, after reviewing the plaint and the leave petition, granted the interim application, issuing a comprehensive injunction restraining the defendants and their agents from using the impugned marks, domain names, and related digital assets, and ordering the suspension of the offending website and preservation of data. The order also directed the relevant registrars and hosting intermediaries to lock, suspend, and disable the disputed domain and to preserve relevant records for at least 180 days. The matter was listed for further hearing on 1 October 2026, with the plaintiff indicating that service would be effected again and the suit could be decreed.

Issues considered

In whether the defendants infringed the plaintiff's registered trademarks and engaged in passing off
Whether an interim injunction restraining the defendants from using the impugned marks and domain names is warranted
Whether the defendants and intermediaries should be ordered to preserve and disclose digital records under the IT Act and Rules

Legislation cited

Information Technology Act, 2000
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Subjects

trademark infringement
passing off
interim injunction
domain name
Information Technology Act
intermediary liability
commercial IP

Judgment

31-IA-5178-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally IN ITS COMMERCIAL DIVISION
signed by
SONALI
SONALI MILIND INTERIM APPLICATION NO.5178 OF 2026
MILIND PATIL
PATIL Date: WITH
2026.09.17
18:40:23
+0530
LEAVE PETITION (L) NO.28494 OF 2026
IN
COMMERCIAL IP SUIT NO.314 OF 2026

The Indian Express (P) Ltd. …Applicant/
Plaintiff
Versus
Sanskar Singhaniya & Ors. …Respondents/
Defendants

Mr. Rashmin Khandekar a/w. Mr. Pranit Kulkarni, Ms. Tejasvi Ghag,
Ms. Yukta Palve i/b. Ms. Poorvi Kamani, for the Applicant/Plaintiff.
None for the Defendants.

CORAM: MADHAV J. JAMDAR, J.
DATED : 17th SEPTEMBER 2026
P. C.:

1. This is an action for infringement of trademark and passing

off.

2. Mr. Khandekar, learned Counsel appearing for the Applicant

submits that the Defendants have been served. Inspite of service,

none appears for the Defendants.

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LEAVE PETITION (L) NO.28494 OF 2026

3. As no reply is filed to the Leave Petition, the averments made

in the Leave Petition have remained uncontroverted.

4. Perused the plaint and the Leave Petition.

5. For the reasons set out in the Leave Petition, the same is

allowed in terms of prayer clause (a).

INTERIM APPLICATION NO.5178 OF 2026:

6. Mr. Khandekar, learned Counsel points out paragraph 53A of

the plaint for showing the comparison of the Plaintiff’s mark and

the impugned mark of Defendant Nos.1 and 2. The said paragraph

No.53A is reproduced hereinbelow:

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7. Mr. Khandekar, learned Counsel also points out a

communication received from Defendant Nos.1 and 2 dated 11 th

September 2026, which reads as under:

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8. In view of the communication dated 11 th September 2026 of

the Defendant Nos.1 and 2, which has been reproduced

hereinabove, the Interim Application is allowed in terms of prayer

clauses (a) to (h), which read as under:

“a. That pending the hearing and final disposal of
the Suit, the Defendants Nos. 1 and 2, by
themselves, their directors, partners, servants,
employees, agents, representatives, dealers,
distributors and all persons claiming through or
acting for or on their behalf, be restrained by an
order and injunction of this Hon'ble Court from in
any manner infringing the Plaintiff's registered
THE INDIAN EXPRESS and INDIAN EXPRESS
Trade marks (and the Plaintiff's registered
BHARAT EXPRESS/ BHARATIYA EXPRESS marks)
and/or the Plaintiff's registered 'flame-of-hope'
Trade marks, by the use of the impugned mark,
name, title, masthead, logo, get-up, trade dress,
and/or domain name, handle or account name
THE BHARAT
EXPRESS/ thebharatexpress.com with or without
the flame of hope or any other
mark/name/logo/get-up or domain name
identical with or deceptively similar to the
Plaintiff's said registered Trade Marks, in respect
of news/ media,/journalistic or allied services or
any goods or services;

b. That pending the hearing and final disposal of
the Suit, the Defendant Nos. 1 and 2 themselves,
their directors, partners, servants, employees,
agents, representatives, dealers, distributors and
all persons claiming through or acting for or on
their behalf, be restrained by an order and

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injunction of this Hon'ble Court from passing off,
and/or misrepresent the Plaintiff's registered
Trade Marks or enabling others to pass off,
and/or misrepresenting the Plaintiff's registered
THE INDIAN EXPRESS and INDIAN EXPRESS
Trade marks (and the Plaintiff's registered
BHARAT EXPRESS/ BHARATIYA EXPRESS marks)
and/or the Plaintiff's registered 'flame-of- hope'
trade marks, as and for the services and business
of the Defendants, and by use of the impugned
mark, name, title, masthead, logo, get-up, trade
dress, domain name, handle or account name,
identical with or deceptively similar to the
Plaintiff's said registered Trade Marks, or in any
other manner likely to cause confusion, deception
or mistake among the public by use of the
aforesaid impugned mark, logo, get-up or domain
name or in any manner whatsoever;

c. That pending the hearing and final disposal of
the Suit, the Defendants Nos. 1 and 2 and all
persons acting for or on their behalf be restrained
by an order and injunction of this Hon'ble Court
from deleting, removing, altering, migrating,
transferring, assigning, encumbering, concealing
or in any manner parting with possession of (i)
the impugned domain name, website, channels,
handles, accounts, pages and groups, or the
content, artwork, mastheads and logos thereon,
and (ii) the artwork, files, contracts, invoices,
books of account, records, computers, servers,
electronic devices and storage media relating to
the impugned venture;

d. That pending the hearing and final disposal of
the Suit, the Defendant No. 5 and/or the
concerned Registry be ordered and directed
forthwith to lock, suspend, cancel and disable the
impugned domain
name www.thebharatexpress.com and/or any

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domain name with the words THE BHARAT
EXPRESS or any mark deceptively similar to the
Plaintiff's marks and to prevent any transfer,
assignment or change of registrant thereof;

e. That pending the hearing and final disposal of
the Suit, the Defendant No. 6 be ordered and
directed forthwith to suspend the hosting of and
to disable access to the impugned
website www.thebharatexpress.com and/or any
domain name with the words THE BHARAT
EXPRESS or any mark deceptively similar to the
Plaintiff’s Registered Trademarks;

f. That pending the hearing and final disposal of
the Suit, the Defendant Nos. 3, 4 and 6 be
ordered and directed to remove, take down,
block and/or disable access to the impugned
pages, channels, handles, accounts, groups and
content bearing the impugned THE BHARAT
EXPRESS marks, with or without the flame of
hope the particulars whereof are set out at
Exhibit "V" to Exhibit "Z" of the Plaint within
thirty-six (36) hours of service of the Order of
this Hon'ble Court upon them, in terms of the
Information Technology Act, 2000 read with the
Information Technology (Intermediary Guidelines
and Digital Media Ethics Code) Rules, 2021;

g. That pending the hearing and final disposal of
the Suit, the Defendant Nos. 3 to 6 be ordered
and directed to preserve all information, data,
records and associated documents pertaining to
the impugned domain name, website, channels,
handles, accounts, pages, groups and content,
including the registrant, subscriber, know-your-
customer, identity, address, contact, billing,
payment and access-log details and the Internet
Protocol addresses and dates and times of

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creation of and access to the same, until the final
disposal of the Suit and in any event for a period
of not less than one hundred and eighty 180)
days, in terms of the said Rules of 2021, and to
disclose the same to the Plaintiff;

h. That pending the hearing and final disposal of
the Suit, the Defendant Nos. 3 and 4 be ordered
and directed to suspend all monetisation,
advertising revenue-sharing, subscription and
partner-programme facilities in respect of the
impugned channels, handles, accounts, pages and
groups, and to retain and not disburse to the
Defendant Nos. 1 and 2 or to any person claiming
through or under them any sums accrued or
accruing in respect thereof, pending further
orders of this Hon'ble Court;”

9. Liberty is also granted in terms of prayer clause (i) of the

Interim Application.

10. Accordingly, the Interim Application is disposed of in above

terms.

COMMERCIAL IP SUIT NO.314 OF 2026:

11. Mr. Khandekar, learned Counsel states that he will again

serve the Defendants and the Suit can be decreed in terms of the

said communication dated 11th September 2026.

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12. List the Commercial IP Suit on 1st October 2026.

[MADHAV J. JAMDAR, J.]

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