Delhi High Court grants interim relief to Hippo Homes in trademark case

The Delhi High Court recently granted interim relief to Hippo Homes in a trademark suit by temporarily restraining another entity found using similar Hippo Marks from using such marks or passing off their goods as those of Hippo Stores [Hippostores Technology Private Limited vs. Azhar Ahmed Trading and anr].

Justice Mini Pushkarna found that Hippo Homes had made out a prima facie case in their favour and was entitled to interim relief.

The Court proceeded to pass an order of interim injunction restraining one Azhar Ahmed, trading as M/S AR Metal Works (defendant) from using the "Hippo Marks" or any other mark which is identical or deceptively similar to "Hippo Marks" till the next date of hearing. 

The Court also ordered the defendant to immediately take down social media posts and listings from its website bearing the mark ‘Hippo Marks’.

Hippo Homes (plaintiff) is a building construction wholesale retail store which sells home improvement supplies including bath and sanitary solutions, electrical appliances, tiles and flooring products, etc. from over three hundred brands, including Kohler, Jaquar, Schenider Electric, Zerob, Bajaj, Anchor, Havells, Philips, Wipro, Panasonic, Bosch etc.

In its trademarks suit, Hippo Homes told the Court that it has been continuously using “Hippo Marks” since 2021. It added that defendant was using similar marks without authorization to dupe customers and piggyback on the goodwill of Hippo Homes.

The Court was also shown was show a comparison between the marks used by the plaintiff and the defendant, who was selling goods through a website named "hippostore" (the plaintiff used the domain name "hippostores").

The Court proceeded to grant the plaintiff interim relief, after finding that:

"The plaintiff has demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction is granted, the plaintiff will suffer an irreparable loss. Further, balance of convenience also lies in favour of the plaintiff, and against the defendants."

The interim order was passed ex-parte, that is, in the absence of the defendant. The next date of hearing is February 20, 2025.

Advocates Vanita Bhargava, Ajay Bhargava, Nirupam Lodha, Kshitij Parashar, Gautam Wadhwa, Phalguni Nigam and Vanshika Thapliyal appeared for Hippostores Technology Private Limited.

[Read order]