Tussle starts between Cars24 and Drivers24 over trademark infringement

Global Car Group PTE Ltd. owns an e-commerce platform with access to re-owned autos limited to cars and bikes. Global Car is the exclusive owner of a series of trademarks that contains the numeral 24. Such trademarks include “CARS24” [Word Mark and Device Mark], “AUCTION24” [Device Mark], “FUNDING24” and “UNNATI24” [Device Mark]. These trademarks can be traced with application no.’s 4123128, 3717660, 3717587, 3717666, and 4156389 respectively.

Drivers24 is a Jaipur-based startup founded by Mr. Mohit Goyal. However, it has come up with a mobile application and website under the domain name www.drivers24.in. It is used for hiring drivers who are paid on an hourly basis.

When Global Car came to know about DRIVERS24, it served Cease & Desist Notice to Mohit but he did not desist from using the mark. Finally, Global Car approached the Delhi High Court to seek an ex-parte injunction restraining Mohit from using phonetically, deceptively similar trademark and logo “DRIVERS24” to the trademarks of Global Car. Global Car also alleged Mohit of initially filing an application where he was seeking registration for its mark. However, the same was abandoned due to some reasons. Global Car continued to allege that the color combination used by Goyal for the mark “DRIVERS24” [Device Mark] was very much identical to that of their own device mark “CARS24”.

Global Car submitted, “The words ‘Drivers’ and ‘24’ when put together juxtaposed with ‘Cars’ and ‘24’, and are likely to confuse consumers of average intelligence along with a presumption of association between the marks. Thus, Drivers24 is taking benefit of goodwill established by Cars24 in the market.” When the suit was filed successfully, a summons was served by the Delhi High Court, but none appeared on from the side of Mohit Goyal. Hence, the court decided to proceed ex-parte.

The Delhi Court found a prima facie case in favor of Global Car and granted an ex-parte ad-interim injunction in favor of Global Car. The court also restrained Goyal from further using the wordmark and device mark ‘DRIVERS24’. The Court further ordered, “Goyal is directed to delete the social media accounts and listings on third-party e-commerce websites maintained under the infringing marks identical or deceptively similar to Global Car’s '24 Formative Marks'. He is also ordered to suspend his mobile application and website until the further hearing.” However, the matter is listed before the Joint Registrar, Delhi High Court on the date 7th March 2022.