The Delhi High Court has granted an ex parte interim injunction in favour of Japanese gaming giant Nintendo Co. Ltd., restraining Nintendo India Private Limited and its directors from using the word "Nintendo" as part of their company name or in any other manner until the next date of hearing. Justice Jyoti Singh held that Nintendo had established a strong prima facie case and that continued use of the disputed name could mislead the public into believing that the defendants were connected with the global gaming company.
Background of the Case
Nintendo Co. Ltd. approached the High Court alleging that a company incorporated as Nintendo India Private Limited had adopted a name that wholly incorporated its long-standing and registered trademark "NINTENDO." The company stated that it has used the Nintendo mark since 1889, owns several trademark registrations in India, and has built significant goodwill worldwide as a developer and publisher of video games and gaming consoles.
According to the suit, the plaintiff discovered in November 2025 that the defendant company had been registered under the impugned name. Investigations revealed that the company was engaged in the real estate business and had not filed any trademark application for the disputed mark. Nintendo also issued a cease-and-desist notice in February 2026, but the dispute remained unresolved, leading to the present proceedings.
During the hearing, counsel for Nintendo informed the Court that one of the directors had communicated through email that she had never used the company's name for business purposes, had no intention of doing so in the future, and was willing to suffer a decree of permanent injunction.
Court's Observation
Justice Jyoti Singh observed that Nintendo had demonstrated a prima facie case for protection of its trademark rights. The Court noted that the word "Nintendo" is a coined expression that has been in use by the plaintiff since 1889 and enjoys substantial reputation both internationally and in India.
The bench observed,
"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 Plaintiff and it is likely to suffer irreparable harm."
The Court further held that the defendant company's name was deceptively similar to Nintendo Co. Ltd. and that such similarity was likely to create confusion among members of the public. It also found, at this stage, that Nintendo had established the level of reputation required under Section 29(4) of the Trade Marks Act, 1999, enabling it to seek protection even against use in a different line of business.
Court's Decision
Allowing the interim application, the Delhi High Court restrained Nintendo India Private Limited, its directors, the John Doe defendant, and all persons acting on their behalf from using the trade name "Nintendo India Private Limited" or the mark "NINTENDO" in any manner that could amount to infringement of Nintendo's registered trademarks until the next date of hearing.
The Court also directed the plaintiff to comply with the requirements of Order XXXIX Rule 3 of the Civil Procedure Code within two weeks.
Case Details
Case Title: Nintendo Co. Ltd. v. Nintendo India Private Limited & Ors.
Case Number: CS(COMM) 747/2026
Judge: Hon'ble Ms. Justice Jyoti Singh
Decision Date: 29 July 2026
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