More Stories

Informist, Thursday, Jun. 12, 2025

 

--HC bars Newgen IT from using 'Newgen' in Newgen Software trademark case 

--CONTEXT: Newgen IT Tech moved HC against lower court's injunction order 

 

NEW DELHI – The Delhi High Court Thursday upheld a Saket district court order to bar Newgen IT Technologies Ltd. from using 'Newgen' in its name till the lower court decides a permanent injunction suit filed by Newgen Software Technologies Ltd. Newgen IT Technologies had moved the high court against interim injunction orders passed by the Saket district court on Newgen Software Technologies' plea.

 

The high court said it was undisputed that Newgen IT Technologies had initially entered the Indian market under the name, Vcare InfoTech Solutions and Services Pvt. Ltd. After having formal business relations with Newgen Software Technologies, Newgen IT Technologies adopted branding containing the term 'Newgen', which closely resembles the respondent's trademark, said the high court.

 

Given the similarity in business activities between the parties, references to unrelated third-party use of 'Newgen' by Newgen IT Technologies are not analogous, said the high court. "The present case would necessarily have to be viewed in the context of the prior relationship between the parties. When viewed through that lens, the appellant's (Newgen IT Technologies') adoption of the mark 'Newgen' does not appear to be either innocent or entirely bona fide at this stage," said a bench of Justices Navin Chawla and Harish Vaidyanathan Shankar.

 

In the suit before the Saket district court, Newgen Software Technologies said that Newgen IT Technologies had approached them in 2023 with a proposal to enter into a partnership agreement. This agreement, which was signed the same year, was for the purpose of mutual collaboration and reciprocal support between the parties for the development of their respective businesses. 

 

Newgen Software Technologies said that Newgen IT Technologies had entered into the agreement under the latter's former name Vcare InfoTech Solutions and Services Pvt. Ltd., which was changed to the current name in 2024. Consequently, Newgen Software Technologies terminated their partnership with Newgen IT Technologies and called upon the latter to cease from using 'Newgen' name. 

 

Newgen Software Technologies said that it came across the draft red herring prospectus by Newgen IT Technologies, wherein the latter applied for an initial public offering under its current name. Thereafter, Newgen Software Technologies issued a letter to the Securities and Exchange Board of India informing that various material disclosures were not made by the Newgen IT Technologies in its prospectus. Newgen Software Technologies, after knowing that Newgen IT Technologies was applying for trademark registration of 'Newgen', moved the high court to seek permanent injunction against the company. 

 

On Thursday, shares of Newgen Software Technologies ended 3.2% lower at INR 1,175.90 on the National Stock Exchange.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

For users of real-time market data terminals, Informist news is available exclusively on the NSE Cogencis WorkStation.

 

Cogencis news is now Informist news. This follows the acquisition of Cogencis Information Services Ltd by NSE Data & Analytics Ltd, a 100% subsidiary of the National Stock Exchange of India Ltd. As a part of the transaction, the news department of Cogencis has been sold to Informist Media Pvt Ltd.

 

Informist Media Tel +91 (11) 4220-1000

Send comments to feedback@informistmedia.com

 

© Informist Media Pvt. Ltd. 2025. All rights reserved.