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ARTICLE · 18 DECEMBER 2025

Trademark Suit Amendments: Bridging Passing Off And Infringement

S.S. Rana & Co.
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Recently, the Delhi High Court allowed Bajaj Resources to amend their plaint by adding new trademark registrations, business data, and related legal proceedings without changing the fundamental nature of the suit.

IndiaIntellectual Property
Priyanka Sukhija
Priyanka Sukhija
Pallavi Paul
Pallavi Paul
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Introduction

Recently, the Delhi High Court allowed Bajaj Resources to amend their plaint by adding new trademark registrations, business data, and related legal proceedings without changing the fundamental nature of the suit. The Court emphasized that amendments should be freely allowed if they help resolve the real issues in the case and do not unfairly harm the other party.

Brief Background

The case was originally filed by Bajaj Resources Limited (hereinafter referred to as the 'plaintiffs') in 2016, seeking a permanent injunction against Goyal Herbals (hereinafter referred to as the 'defendants') for trademark and trade dress infringement, passing off, and copyright infringement regarding the 'Almond Drops' mark for hair oil. During the course of the litigation, the plaintiffs, acquired three new trademark registrations, prompting an application to amend the original plaint under Order VI Rule 17 of the Civil Procedure Code (CPC).

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