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Informist, Thursday, Apr. 23, 2026

 

NEW DELHI – The division bench of the Delhi High Court Thursday issued a notice to Kamdhenu Ltd. on Ashiana Ispat Ltd.'s plea, challenging a single judge bench's restraint on the latter from selling and dealing with steel bars with a trademark similar to that of Kamdhenu. On Apr. 10, the single bench of the high court had said that Ashiana Ispat's "Al Kamdhenu Gold" trademark was similar to Kamdhenu's "Kamdhenu Gold" and "Kamdhenu Gold TMT" trademarks.

 

Thursday, Ashiana Ispat sought permission from the high court to sell the existing stock left with it. Ashiana Ispat said that it will deposit the entire amount after selling the remaining stock. However, Kamdhenu opposed Ashiana Ispat's request to sell the infringing products.

 

In 1996, Ashiana Ispat was taken over by joint management of Kamdhenu, run by the Jain and the Agarwal families. In 1997, Kamdhenu executed an agreement with Ashiana Ispat and allowed the latter to use the Kamdhenu trademark for three years. Due to differences among them, both the families decided to divide the business amicably in 2002.

 

Kamdhenu said Ashiana Ispat was only a licensee and that any use of the mark enured to its benefit as the registered proprietor. Kamdhenu said that the revenue from operations and overall brand turnover in respect of its goods for the years 1995 to 2024 were INR 136.80 billion and 1.48 trillion, respectively. Ashiana said that its right of trademark was under a 2002 agreement between the parties. 

 

The single judge bench of the high court had said that the products are reinforcement steel bars utilised in transportation and infrastructure projects, where safety and structural integrity are critical. Any defect or deficiency associated with goods bearing Ashiana Ispat's trademark may reasonably be associated with Kamdhenu, thereby impacting the latter's reputation and goodwill, said the single judge bench.

 

The nature of these products makes monetary compensation insufficient for such injury, said Justice Tejas Karia of the single judge bench. Therefore, permitting Ashiana Ispat to continue the use of the given mark was likely to cause irreparable harm to Kamdhenu, he said. Accordingly, Kamdhenu has established a prima facie case for infringement and passing off, warranting the grant of an interim injunction in favour of the company and against Ashiana Ispat, he added.

 

At 1235 IST, the shares of Kamdhenu Ltd. traded 1.7% down at INR 22.45 on the National Stock Exchange, and those of Ashiana Ispat Ltd. were down 5.0% at INR 21.79 on the BSE.  

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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