The Delhi High Court on Tuesday stayed an interim order restraining Indiabulls from using "SAMMAAN" or any deceptively similar mark, including domain names, as part of its re-branding..A division bench of Justices Hari Shankar and Ajay Digpaul however directed Samman to compulsorily state in all its advertisements that it was formerly known as Indiabulls Housing Finance and also display their earlier logo. Indiabulls has also been directed to run a disclaimer stating that it has no relation to Svamaan Financial Services. These directions are to be carried out in four weeks from the date of order to enable the existing advertisements to run their course. .This case involves a dispute between Svamaan Financial Services and Indiabulls Housing Finance concerning trademark infringement and passing off. The central issue revolves around Indiabulls Housing Finance's adoption of the "Sammaan" mark, which the plaintiff argues is deceptively similar to its registered "Svamaan" mark. Svamaan sought an interim injunction to halt Indiabulls' use of the mark. Svamaan is an RBI-registered NBFC-MFI, has been using the "Svamaan" mark since 2017 in connection with its financial services.Indiabulls Group rebranded in 2024, replacing "Indiabulls" with "Sammaan" in its corporate names and trademarks. The company countered that the marks were distinct, both being common Hindi words – "SVAMAAN" meaning "self-respect" and "SAMMAAN" meaning "honour" – neither of which could be monopolised. It claimed that the adoption of "SAMMAAN" was bona fide, following due diligence and regulatory compliance. Furthermore, it alleged Svamaan's delayed legal action and their own substantial investment in the "SAMMAAN" brand..On February 10, a single judge of the Delhi High Court granted the interim injunction in Svamaan's favour, restraining Indiabulls from using "SAMMAAN" or any deceptively similar mark pending final adjudication. The Court concluded that Svamaan had established a prima facie case of trademark infringement, and that the balance of convenience was in its favour..This prompted an appeal before the division bench, which had on February 13 ordered a status quo on the use of the mark. Today's order came to be passed after an elaborate hearing on February 14..Samman Capital was represented by Senior Advocates Mukul Rohatgi and Rajiv Nayar..Svamaan was represented by Senior Advocates Neeraj Kishan Kaul and Sandeep Sethi.
