Nintendo Secures Trademark Infringement Victory in Delhi High Court
The Delhi High Court has issued an interim injunction against a real estate company based in Bihar, preventing them from using the name ‘Nintendo India Private Limited.’ This legal action follows a trademark infringement claim filed by the renowned Japanese gaming corporation, Nintendo Co. Ltd., under the case title Nintendo Co. Ltd. v. Nintendo India Private Limited & Ors. The court’s decision was delivered by Justice Jyoti Singh, who recognized the strength of Nintendo’s case for an ex parte interim injunction.
Justice Singh emphasized the substantial reputation and goodwill that Nintendo has garnered over the decades, noting that the unauthorized use of the ‘Nintendo’ name appeared to be an attempt to capitalize on the brand’s established reputation. The court observed, “Given the formidable reputation and goodwill of the plaintiff 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.”
Background of Nintendo’s Trademark Establishment
Founded in 1889 in Japan, Nintendo originally produced playing cards before evolving into a leader in electronic entertainment and video gaming. The company is best known for iconic products like the Game Boy, Nintendo DS, Wii, Nintendo Switch, and the upcoming Nintendo Switch 2, alongside beloved franchises such as Super Mario Bros, The Legend of Zelda, Pokémon, and Donkey Kong. The ‘Nintendo’ name, a unique creation, serves as the company’s house mark and corporate identity’s cornerstone. Nintendo secured the registration of the NINTENDO word mark in India in 1983 under Class 28.
In contrast, ‘Nintendo India Private Limited’ was registered with the Registrar of Companies in Patna, operating primarily in real estate, including land acquisition and management. Nintendo became aware of this entity in November 2025 and subsequently issued a cease-and-desist notice in February 2026, which initially went unanswered.
Court’s Decision and Implications
During the proceedings, a director of the Bihar-based company responded, expressing a willingness to comply with a permanent injunction and clarifying that the disputed name had not been actively used in business operations. The other defendants failed to appear in court.
The High Court found that Nintendo had established the requisite reputation in India under Section 29(4) of the Trade Marks Act, 1999. This section enables a registered trademark owner to prevent the use of its mark even for unrelated goods or services, provided certain conditions are met. Importantly, the court noted that a formal declaration of ‘well-known trademark’ status was unnecessary for Nintendo to invoke this provision.
Ultimately, the court determined that ‘Nintendo India Private Limited’ bore a deceptive resemblance to ‘Nintendo Co Ltd’ and its registered trademarks, likely leading to public confusion despite the defendants’ real estate focus. Accordingly, the court restrained the company, its directors, and any affiliates from using the ‘Nintendo India Private Limited’ name or the NINTENDO mark in any infringing manner.
Nintendo’s legal representation in this matter was provided by advocates Pravin Anand, Saif Khan, and Sugandha Yadav.
