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Case / Trial ID Number
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Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
On Clouds Gmbh
Respondent / Defendant
Piyush Mittal & Anr.
Dispute Summary
The Delhi High Court granted an ex parte ad interim injunction in favor of On Clouds Gmbh, a Swiss sports brand, against Piyush Mittal & Anr. for infringing its trademark 'ON'. The court ordered the defendants to stop using the impugned trademark and directed a local commissioner to seize goods, material, and documents bearing the infringing mark. The plaintiff was also granted exemption from pre-institution mediation and advance service on the defendants.
Outcome / Ruling
plaintiff_favorable
Verdict Document PDF URL
Full text judgment
[Cites 7 , Cited by 0 ] Delhi High Court - Orders On Clouds Gmbh vs Piyush Mittal & Anr on 2 April, 2026 Author: Jyoti Singh Bench: Jyoti Singh $~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 349/2026 ON CLOUDS GMBH .....Plaintiff Through: Mr. Gaurav Gogia, Mr. Saransh Saini, Ms. Shruti Manchanda and Ms. S. Dash, Advocates. versus PIYUSH MITTAL & ANR. .....Defendants Through: CORAM: HON'BLE MS. JUSTICE JYOTI SINGH ORDER % 02.04.2026 I.A. 8859/2026 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. I.A. 8856/2026 (for pre-institution mediation) 3. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation. 4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation. CS(COMM) 349/2026 Page 1 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 5. Application is allowed and disposed of. I.A. 8858/2026 (u/S 151 CPC ) 6. This application is filed on behalf of the Plaintiff seeking exemption from effecting advance service on the Defendants. 7. For the reasons stated in the application, the same is allowed exempting the Plaintiff from effecting advance service on the Defendants. 8. Application stands disposed of. I.A. 8860/2026 (u/S 149 r/w Section 151 CPC) 9. This application is filed on behalf of the Plaintiff seeking extension of time for filing the court fees. 10. For the reasons stated in the application, the same is allowed permitting the Plaintiff to deposit the requisite court fees within three days from today. 11. Application is disposed of. I.A. 8857/2026 (u/O XI Rule 1 (4) Commercial Courts Act, 2015 r/w Section 151 CPC) 12. This application is filed on behalf of the Plaintiff seeking leave to place on record additional documents within 30 days. 13. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015 . 14. Application is disposed of. I.A. 8861/2026 (u/S 151 CPC ) 15. This application is filed on behalf of the Plaintiff under Section 151 CPC to mask the names of the parties as also the cause title from the cause CS(COMM) 349/2026 Page 2 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 list till the execution of the local commission. 16. Application is dismissed. CS(COMM) 349/2026 17. Let plaint be registered as a suit. 18. Upon filing of process fee, issue summons to the Defendants through all permissible modes, returnable before the learned Joint Registrar on 22.04.2026. 19. Summons shall state that the written statements shall be filed by the Defendants within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff. 20. It will be open to the Plaintiff to file replications within 30 days from the date of receipt of written statements along with affidavits of admission/denial of documents filed by the Defendants. 21. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018. 22. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits. I.A. 8854/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC) 23. This application is filed on behalf of the Plaintiff seeking ex parte ad interim injunction against the Defendants. 24. Issue notice to the Defendants through all permissible modes, returnable before Court on 08.07.2026. 25. Case of the Plaintiff as set out in the plaint is that Plaintiff is a Swiss company based in Zurich and is a sports brand engaged in the business of manufacturing, marketing, selling and trading of shoes, clothing, sporting CS(COMM) 349/2026 Page 3 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 goods, sportswear and other allied and cognate goods and originally and honestly adopted and started using the trademark ON represented as and other formative variants thereof and has earned substantial goodwill and reputation in the trade as also in the minds of the public worldwide due to excellent quality of its products. 26. It is stated that Plaintiff was established in the year 2010 by Mr. Olivier Bernhard a former professional athlete and multiple Ironman champion along with his associates Mr. David Allemann and Mr. Caspar Coppetti, with a founding vision to revolutionise running experience by introducing a completely new concept in footwear design and performance. Plaintiff began as a small entrepreneurial endeavour in Switzerland and quickly developed into a global sportswear brand, recognised today as one of the fastest-growing companies in the field of athletic footwear and apparel with global revenue of CHF 3014 million in the year 2025 worldwide. From its inception, Plaintiff distinguished itself from conventional sportswear companies through its unique and proprietary CloudTec® technology which is a patented system of cushioned pods designed to provide soft landings followed by explosive take-offs. This innovation not only captured the imagination of the running community but also secured Plaintiff a competitive edge in the global sports footwear market. 27. It is stated that Plaintiff, in its early years, quickly expanded beyond Switzerland to Europe, North America and Asia, driven by high consumer demand and endorsements of its products by professional athletes. Plaintiff CS(COMM) 349/2026 Page 4 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 further diversified its product offerings to include sports apparel, outerwear, accessories and lifestyle goods and its products, including the 'Cloud', 'Cloudflow' and 'Cloudstratus' models, have earned acclaim owing to their technical excellence and sleek and lifestyle-oriented designs and by combining performance with everyday wearability, Plaintiff has successfully bridged the gap between athletic footwear and fashion. In recognition of its meteoric rise, Plaintiff's parent company i.e., On Holding AG, was listed on the New York Stock Exchange on 15.09.2021, under the ticker symbol 'ONON' and public offering valued the company at over USD 7 billion, marking one of the most successful sportswear IPOs in recent years. This milestone underscores Plaintiff's global stature and financial strength and has provided substantial resources for further expansion, innovation and sustainable development. Plaintiff has consistently demonstrated growth and by 2023, Plaintiff reported net sales exceeding CHF 1.79 billion i.e., approximately USD 2 billion, reflecting an annual increase of over 46%. Significant portion of Plaintiff's revenues comes from sale of performance footwear, while apparel and accessories are also an expanding segment of its business, with sales footprint across both retail and e-commerce platforms spanning across North America, Europe, Asia-Pacific and other regions. 28. It is stated that Plaintiff honestly and bona fidely adopted trademark ON with its variants and is continuously, exclusively and commercially using the same and owing to sustained use, advertisements and sponsorships, has built immense goodwill and reputation in these trademarks worldwide, including India. Plaintiff places strong CS(COMM) 349/2026 Page 5 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 emphasis on research, development and sustainable innovation. Its technologies such as Helion™ superfoam and Speedboard® continue to push the boundaries of performance footwear, while its Cyclon program introduces fully recyclable shoes through a subscription model, reflecting its leadership in sustainable sportswear. These initiatives not only distinguish Plaintiff's brand identity but also enhance its reputation as a forward- looking and socially responsible company and goods sold under the subject trademarks are considered a breakthrough in the footwear and apparels market/industry and enjoy an immense global reputation flowing across borders, including but not limited to India. Depiction of one of the first products of the Plaintiff sold under trademark is as follows:- CS(COMM) 349/2026 Page 6 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 29. It is stated that Plaintiff has several trademark registrations around the world, including the European Union, United States of America and Switzerland to name a few and carries on its business under the said trademarks and trade names in multiple jurisdictions through its affiliates, subsidiaries, licensees, distributors and e-commerce platforms. Details of the international trademark registrations for Plaintiff's marks are as follows:- CS(COMM) 349/2026 Page 7 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 CS(COMM) 349/2026 Page 8 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 CS(COMM) 349/2026 Page 9 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 30. It is stated that in order to secure its proprietary rights in the trademarks and prevent their misappropriation, dilution and misuse by unauthorized persons, Plaintiff applied for registrations in India and status of the applications is as follows:- CS(COMM) 349/2026 Page 10 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 31. It is stated that while registration applications are pending, Plaintiff has been continuously and extensively using the said marks in the course of its trade and has built substantial goodwill and reputation in connection therewith and has thus acquired common law rights by virtue of prior and extensive use, to prevent their misuse. Plaintiff's logos and devices comprise original artistic work within the meaning of Section 2(c) of The Copyright Act, 1957 ('1957 Act') and Plaintiff is thus entitled to copyright protection under provisions of Section 14 of 1957 Act as also by virtue of India's membership to Berne Convention, Universal Copyright Convention and International Copyright Order 1991. Plaintiff's original artistic works have been created at the instance of the Plaintiff for consideration paid and thus, Plaintiff is the owner of the copyright subsisting therein and any unauthorized reproduction or imitation or use of the above said original artistic work by any unauthorized person would constitute infringement of CS(COMM) 349/2026 Page 11 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 copyright under Section 51 of 1957 Act, which is liable to be injuncted under Section 55 of the 1957 Act. 32. It is stated that Plaintiff carries its business activities under the its trademarks on the internet through its interactive websites namely www.on.com and www.oncloudsindia.com and has been using the said domain names in course of trade and as proprietor thereof globally, in relation to its goods. Screenshots from the websites of the Plaintiff are as follows:- Official India dedicated website of the Plaintiff: CS(COMM) 349/2026 Page 12 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 33. It is stated that Plaintiff has invested enormous amount of money, effort and time in promoting and advertising its products through print and electronic media including in leading newspapers, trade literature, magazines etc., under the subject trademarks across the world, each of which has tremendous reach, availability and circulation in India also. Plaintiff is active in promoting its products on various social media platforms, especially, Facebook, X (formally Twitter), Instagram, etc. and has millions of followers in India and other jurisdictions and extracts of social media handles of Plaintiff are as follows:- CS(COMM) 349/2026 Page 13 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 CS(COMM) 349/2026 Page 14 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 34. It is stated that Plaintiff's goods bearing its trademarks are also sold through various e-commerce platforms, inter alia, www.myntra.com. www.ajio.com, www.tatacliq.com, and www.crepdogcrew.com and illustratively, the screenshots are as follows:- CS(COMM) 349/2026 Page 15 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 CS(COMM) 349/2026 Page 16 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 35. It is stated that simple google search on https://www.google.com for the mark 'ON' reveals Plaintiff's products exclusively, as under:- 36. It is stated that by virtue of Plaintiff's advertising campaigns, cross- border media visibility, global consumer recognition, longstanding international market presence as also accessibility of the products under the ON marks in India, Plaintiff has acquired the right to restrain third parties CS(COMM) 349/2026 Page 17 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 from passing off their goods as those of the Plaintiff by misrepresenting to members of public that the goods have some association with the Plaintiff. 37. It is stated that Defendant No.1, trading as M/s Shiv Om Polymers, is engaged in manufacturing, warehousing, storing, marketing, sale and trading of counterfeit footwear bearing trademarks which are identical and/or deceptively similar to Plaintiff's trademarks and is selling the impugned goods in connivance and collusion with some unknown parties, without issuing any formal invoices. The unknown parties are impleaded as Defendant No. 2/John doe/Ashok Kumar. 38. It is stated that Plaintiff became aware of Defendants' illegal activities during execution of local commission on 31.03.2026, pursuant to order passed on 24.03.2026 by the District Judge, Rohini Courts (North District), Delhi in Nike Innovate C. V. vs. Ashok Kumar & Anr bearing CS(COMM) 1871/2026, at premises of Defendant No.1, located at G-1105, DSIIDC, Industrial Area, Narela, Delhi and G-I097, DSIIDC, Industrial Area, Narela, Delhi, where huge quantities of counterfeit shoes bearings trademarks of various brands, including those of the Plaintiff were found. Photographs of counterfeit impugned goods found at the premises of Defendant No.1 bearing marks identical to Plaintiff's marks are as follows:- CS(COMM) 349/2026 Page 18 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 39. Learned counsel for the Plaintiff submits that Defendants have dishonestly and mala fidely adopted identical marks as those of the Plaintiff and are manufacturing, warehousing, storing, assembling, displaying, advertising, promoting, selling, offering for sale, soliciting, enquiring, CS(COMM) 349/2026 Page 19 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 distributing and trading huge quantities of counterfeit goods in Delhi, by mispresenting to the members of public and potential customers that they have some association with the Plaintiff with an intent to ride over and encash on its formidable goodwill and reputation, thereby causing irreparable harm to Plaintiff's immense reputation and this amounts to passing off. 40. Having heard learned counsel for the Plaintiff and upon perusal of the documents, I am of the view that Plaintiff has made out a prima facie case for grant of ex parte ad interim injunction against the Defendants. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the interim injunction, as prayed for, is not granted. 41. Plaintiff is registered proprietor of trademark ON and its formative marks in different jurisdictions abroad and its applications for registrations in India are pending consideration, save and except, the mark 'On Sense Tec', as brought forth in the plaint. Plaintiff has prima facie established its reputation and goodwill in India where products are available for sale on Plaintiff's own dedicated website as also on third-party e-commerce websites. Plaintiff is also placed on record extracts of consolidated financial statements. Plaintiff owns copyright in the original artistic works inter alia in the device mark/logo of Plaintiff and is entitled to restrain third parties from infringing the same. Prior adoption, extensive use, revenues earned, coupled with high quality of products, has resulted in Plaintiff's goods under ON marks acquiring substantial goodwill and reputation in the trade and have become indicia of origin of trade and source of goods being CS(COMM) 349/2026 Page 20 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 the Plaintiff. Manufacture, sale and supply of counterfeit goods by Defendants bearing trademarks identical to those of Plaintiff's ON trademark and its formative trademarks is likely to cause confusion and deception amongst the consumers at large. Misrepresentation that the goods of the Defendants emanate from the Plaintiff or have some association with it, will cause irreparable loss to the formidable goodwill and reputation garnered by the Plaintiff over the years. The counterfeit goods are stated to be of low quality and this will further adversely impact the reputation and goodwill of the Plaintiff and dilute its marks. Prima facie Defendants are indulging in passing off their goods as those of the Plaintiff and need to be restrained. 42. Accordingly, till the next date of hearing, Defendants, their proprietors/partners, agents, representatives, distributors, assigns, heirs, successors, stockists and all others acting for and on their behalf are restrained from manufacturing, marketing, offering to sell, selling, trading, soliciting, importing, exporting, displaying, advertising, either through physical stores or on any online marketplaces/websites/social media platforms, footwear using the impugned marks or any other mark/label/logo, which may be identical with and/or deceptively similar to Plaintiff's trademarks/labels/logos ON/ or variants thereof including identical/similar domain name, amounting to CS(COMM) 349/2026 Page 21 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 passing off and/or copyright infringement. 43. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from the date of execution of the local commission. I.A. 8855/2026 (u/O XXVI Rule 9 & u/O XXXIX Rule 7 r/w Section 151 of CPC) 44. This application is filed on behalf of the Plaintiff seeking appointment of Local Commissioner. 45. Upon hearing, the application is allowed. 46. Accordingly, Mr. Vinayak Mohandas, Advocate (Mobile No. 8590010095) is appointed as Local Commissioner, who shall visit the premises as indicated below:- S.No. Addresses Name of Local Commissioner 1. G-1105, DSIIDC, Industrial Area, Narela, Delhi - 110040 Mr. Vinayak Mohandas, 2. G-1097, DSIIDC, Advocate Industrial Area, Narela, Delhi - 110040 47. Local Commissioner shall visit the aforesaid premises of the Defendants and inspect and make an inventory of the infringing goods and thereafter seize and take them into custody all the counterfeit impugned shoes including any other incriminating material such as stationery, packaging, cartons, containers, display boards, sign boards, advertising material, machineries, dies or blocks, unfinished products etc. bearing impugned trademarks or any other trademark/label identical with or deceptively similar to Plaintiff's trademarks. The goods so seized shall be CS(COMM) 349/2026 Page 22 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40 handed over to the Authorized Representative of Plaintiff on superdari with an undertaking that the same shall be produced in Court when directed. 48. Local Commissioner shall also inspect and seize the books of accounts, ledgers and stock registers relating to sale of the offending goods. 49. Local Commissioner along with the representative of the Plaintiff and/or counsel shall be permitted to enter the aforesaid premises by the Defendants. In case of any obstruction in execution of the commission, Local Commissioner will be at liberty to take assistance of SHO of the concerned police station, who on being contacted shall render complete assistance and cooperation. In case the premises are found locked, Local Commissioner will be at liberty to break open the locks. 50. Plaintiff shall serve a copy of this order upon the Defendants along with paper book of the suit at the time of execution of the commission. 51. Fee of the Local Commissioner is fixed at Rs. 2,00,000/- in addition to other miscellaneous out-of-pocket expenses. 52. Report shall be filed by the Local Commissioner within two weeks from the date of execution of the commission and Registry shall be informed of the execution of commission and the filing of the report, only after which summons will be issued to the Defendants. 53. Application is disposed of. 54. This order will not be uploaded on the website of this Court till execution of the commission by the Local Commissioner. 55. Copy of the order be given dasti under signatures of the Court Master. JYOTI SINGH, J APRIL 2, 2026/RW CS(COMM) 349/2026 Page 23 of 23 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:13:40
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