Delhi High Court restrains Bihar realty firm from using Nintendo name

The Story in Brief

The Delhi High Court has restrained a Bihar-based real estate company from using the name Nintendo, finding it infringed the trademark rights of Japanese gaming company Nintendo Co. Ltd. Justice Jyoti Singh passed an interim order on July 29 in favour of Nintendo after concluding the name was likely to mislead the public into believing the real estate firm was associated with the global game maker. Nintendo told the court it was founded in Japan in 1889, holds registered trademark rights over the mark NINTENDO and has an extensive reputation worldwide and in India through products such as the Nintendo Switch, Game Boy, Super Mario Bros., Pokémon and Donkey Kong franchises.

Nintendo said it discovered in November 2025 that a Patna-registered company had incorporated as “Nintendo India Private Limited” and that the entity was engaged in acquiring, managing and dealing in land and other immovable properties. After a cease-and-desist notice in February 2026 did not resolve the matter, Nintendo approached the High Court. The court held the company name was nearly identical or deceptively similar and restrained the defendants and those acting for them from using “Nintendo India Private Limited” or the mark NINTENDO until further orders.

The Indian Opinion

The court’s interim decision rests on Nintendo’s long-standing use of the mark and a prima facie finding that the Patna company’s name could cause confusion. At this stage the order preserves the status quo while the legal dispute proceeds; it is not a final determination of liability. Reports or commentary that treat the interim order as proof of deliberate fraud or bad faith by the Patna company go beyond the record. Conversely, treating the case as a routine trademark matter would underplay Nintendo’s registered rights and the court’s view of likely public confusion. The facts presented in the suit and the court’s interim findings are clear, but the defendant’s intent and the final legal outcome remain uncertain until the matter is finally adjudicated.

Original article: Delhi HC restrains Bihar real estate firm from using ‘Nintendo’ in company name (www.thehindu.com)

This story was summarised and commented on by AI from the source linked above.