Nintendo wins interim order: Delhi HC restrains Patna real estate firm from using its name
The Delhi High Court has passed an interim order restraining a Bihar-based real estate company from using the name “Nintendo”, ruling that it infringes the trademark rights of the Japanese gaming giant Nintendo Co. Ltd.
Justice Jyoti Singh, on July 29, issued the order in favour of Nintendo Co. Ltd. after noting that the use of the name by the real estate firm is likely to mislead the public into believing that it is associated with the global video game maker.
Nintendo Co. Ltd. had filed a suit stating that it was founded in Japan in 1889 and is now a globally recognised developer and publisher of video games and gaming consoles. The company holds registered trademark rights over the coined mark “NINTENDO” and argued that the mark enjoys extensive reputation worldwide, including in India through products such as the Nintendo Switch, Game Boy, Super Mario Bros., Pokémon and Donkey Kong franchises.
According to the suit, Nintendo discovered in November 2025 that a company registered in Patna had incorporated itself as “Nintendo India Private Limited”. Its investigations found that the company was engaged in the business of acquiring, managing and dealing in land and other immovable properties. Despite a cease-and-desist notice issued in February 2026, the dispute remained unresolved, prompting Nintendo to approach the High Court.
The Court observed that Nintendo had been using the mark since 1889 and had acquired considerable reputation and goodwill internationally as well as in India. It held that the defendants’ company name was “nearly identical/deceptively similar” to the Nintendo mark and was likely to cause confusion among members of the public and the trade.
“Looking at the formidable reputation and goodwill of the Plaintiff (Nintendo) spanning over decades, it is prima facie evident that the adoption of the impugned name is with an objective of encashing on the goodwill and reputation of the Plaintiff so as to misrepresent to the public that Defendants No. 1-3 have some connection/affiliation/nexus with the Plaintiff and this is resulting in irreparable harm and injury to the Plaintiff,” the court said.
The Court restrained the defendants and all persons acting on their behalf from using “Nintendo India Private Limited” or the mark “NINTENDO” in any manner until further orders.
Trademark experts say the ruling underscores the importance of protecting well-known marks in India, particularly against opportunistic registrations in unrelated business sectors. The case also highlights the need for businesses to conduct thorough trademark searches before adopting corporate names. The interim order is subject to the final outcome of the suit, which is yet to be decided by the court.
