Delhi High Court Restrain Newgen IT Technologies from Using 'NEWGEN' Trademark

The Delhi High Court dismissed Newgen IT Technologies’ appeals and upheld an ex‑parte interim injunction prohibiting the company from using "NEWGEN" under Order VII Rule 11 CPC.

The bench found that Newgen IT, previously VCARE InfoTech, had expressly acknowledged Newgen Software’s exclusive trademark rights in a July 2023 agreement. 

Despite that, it rebranded as Newgen IT and filed an IPO in July 2024. The Court rejected arguments of prior use or acquiescence, noting the mark was adopted only after the partnership ended.

The Court affirmed the trial court’s injunction based on a prima facie case of trademark infringement, balance of convenience, and irreparable harm.