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POLICY POLICY · 2 MIN READ

Delhi HC rejects Niva Bupa’s trademark claim against influencer

The Delhi High Court dismissed Niva Bupa Health Insurance Company Limited’s trademark infringement suit against social media influencer Vishal R, ruling th…

The Delhi High Court dismissed Niva Bupa Health Insurance Company Limited’s trademark infringement suit against social media influencer Vishal R, ruling that the case did not qualify as an intellectual property dispute. The order, delivered on September 21, 2026, stated that the suit was improperly filed before the Intellectual Property Division, which lacked jurisdiction over the matter, according to medianama.com.

Justice A. J. Bhambhani held that the influencer’s mention of Niva Bupa’s name did not amount to use of a trademark “in the course of trade” under Section 29 of the Trade Marks Act, 1999. The court found the suit, CS(COMM) 1032/2026, not maintainable before the IP Division and ordered the plaint to be returned for filing in a court with appropriate jurisdiction. The plaintiffs later withdrew the suit with permission, paying Re. 1 in notional costs to the defendant.

The ruling underscores the court’s strict interpretation of trademark infringement, emphasizing that mere reference to a company’s name by an influencer does not constitute misuse under trademark law. This decision clarifies the limits of IP Division jurisdiction and may influence how companies approach legal action against social media commentary. The case highlights the challenges insurers face in addressing online criticism through intellectual property claims.

All pending applications related to the suit were disposed of by the court. The plaintiffs withdrew the case with liberty to file an ordinary civil suit, marking the end of the IP Division proceedings on this matter, medianama.com reported.

Editorial standards. Reported and edited at Startupniti's news desk from the sources listed in the right rail. Every fact traces to a citation. If something looks wrong, write to corrections.
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