M/S NOVALIFE CONSULTANCY PVT LTD VERSUS MR. BHARAT SACHDEVA TRADING AS M/S NOVVALIFE KARNAL & ORS.

In a recent order, the Delhi High Court granted ex parte interim relief in a trademark dispute filed by Novalife Consultancy Pvt. Ltd. (“Plaintiff”) against Mr. Bharat Sachdeva and his associated concerns Novvalife Karnal and Novvalife Sri Ganganagar (“Defendants”), concerning the use of the mark NOVVALIFE, which is deceptively similar to the Plaintiff’s registered mark NOVALIFE.

The learned counsel for the Plaintiff contended that the Plaintiff, engaged in migration advisory services for foreign countries, is the sole proprietor of the NOVALIFE mark and related logos, with continuous use dating back to 2016 by its predecessor, Mr. Monal Sachdeva. The Plaintiff expanded its business in 2018 to include migration consultancy services and formally incorporated Novalife Consultancy Pvt. Ltd. in 2022. The Plaintiff also secured domain names and trademark registrations for the mark, which have been recognized in the market as indicative of its services.

The dispute arose when the Defendants began offering identical services under the mark NOVVALIFE and using associated domain names and trade names. The Defendants’ use of the mark, including on social media handles and websites, was found to be a slavish imitation of the Plaintiff’s platforms, replicating visual elements, structure, design, and textual content, thereby creating confusion among consumers. The Defendants were aware of the Plaintiff’s rights and goodwill, particularly given the one of the Defendant’s prior partnership with the Plaintiff’s predecessor and the explicit undertaking in the Partnership Dissolution Deed, which barred the Defendants from using the NOVALIFE mark or any similar marks.

The Court observed that the Defendants’ mark was visually, phonetically, and conceptually identical to the Plaintiff’s mark, with the only difference being the additional letter “V,” which did not alter the overall commercial impression. The services offered were identical, and the trade channels and consumer base overlapped, creating a case of triple identity. The Plaintiff demonstrated a prima facie case of infringement and passing off, and it was established that failure to grant interim relief would cause irreparable harm to the Plaintiff.

Accordingly, the Court granted an ex parte ad interim injunction, restraining the Defendants, their partners, agents, employees, and affiliates from using, offering, marketing, or advertising the mark NOVVALIFE or any similar mark, including trade names, domain names, social media handles, or logos, in relation to identical or allied services. Notices were issued to the Defendants through all permissible modes.

Read the judgement copy here.