Indiabulls Housing wins court case over rebranding
The Delhi High Court has lifted a previous order that restrained Indiabulls Housing Finance from using the mark “Sammaan” or any related deceptive variations, enabling the company to proceed with its rebranding efforts. The Court stayed an interim injunction that had prevented the use of the term as part of the company’s new identity.
However, the division bench, consisting of Justices Hari Shankar and Ajay Digpaul, directed that Indiabulls must disclose in all advertisements that it was previously known as Indiabulls Housing Finance and display the old logo alongside the new branding. The company is also required to include a disclaimer clarifying that it has no association with Svamaan Financial Services. These provisions must be implemented within four weeks to accommodate the current advertisements already in circulation.
The dispute arose between Indiabulls Housing Finance and Svamaan Financial Services over trademark infringement and the alleged passing off of the “Sammaan” mark. Svamaan Financial Services, an RBI-registered NBFC-MFI, has been using the “Svamaan” trademark since 2017 and claimed that Indiabulls’ rebranding was confusingly similar to its registered mark.
Indiabulls, which rebranded in 2024, countered that “Sammaan” and “Svamaan” are distinct words, both common Hindi terms meaning “honour” and “self-respect,” respectively. The company argued that it had conducted thorough due diligence, and that its adoption of the “Sammaan” name was legitimate. Indiabulls also emphasised the significant investment it had made into the new brand.
Earlier, a single judge of the Delhi High Court had granted Svamaan an interim injunction on February 10, restraining Indiabulls from using “Sammaan” pending a final judgment. The Court found that Svamaan had established a prima facie case of trademark infringement, with the balance of convenience leaning in its favour.
Indiabulls appealed this decision, and on February 13, the division bench had ordered a status quo. After a comprehensive hearing on February 14, the bench allowed Indiabulls to proceed with its rebranding, subject to the mandatory disclosures and disclaimers.
Sammaan Capital, formerly Indiabulls Housing Finance, was represented by Senior Advocates Mukul Rohatgi and Rajiv Nayar during the proceedings. The company was set up in 2000 as a stockbroking firm by IIT Delhi graduate Sameer Gehlaut. In 2004 it became a public listed company after its initial public offer. Indiabulls Real Estate was demerged from the company in 2006, and Indiabulls Securities in 2008. In 2013, Indiabulls Financial Services reverse merged with its wholly-owned subsidiary, Indiabulls Housing Finance, to form the flagship company of the group.
