Delhi HC restrains firm from using Nintendo name in trademark dispute

MUMBAI: Looks like someone pressed the wrong start button. The Delhi High Court has hit pause on a Bihar-based company’s use of the Nintendo name, ruling that the iconic gaming brand deserves protection far beyond the world of consoles and controllers.

The Delhi High Court has granted interim relief to Japanese gaming major Nintendo Co. Ltd., restraining a Patna-based company from using the name Nintendo India Private Limited after finding a prima facie case of trademark infringement and brand misuse.

Justice Jyoti Singh passed the order in a suit filed by Nintendo against the Bihar-registered company and its directors, observing that the adoption of the word “Nintendo” appeared to be an attempt to ride on the goodwill and reputation built by the Japanese company over several decades. The court said such use could mislead consumers into believing that the defendants were connected with or authorised by Nintendo.

Nintendo told the court that it was established in 1889 in Japan and has grown into one of the world’s most recognised gaming companies. Its portfolio includes globally successful gaming systems such as the Game Boy, Nintendo DS, Wii, Nintendo Switch and the recently launched Nintendo Switch 2, alongside blockbuster franchises including Super Mario Bros., Pokémon, The Legend of Zelda and Donkey Kong.

The company argued that “Nintendo” is a coined and inherently distinctive trademark that forms the foundation of its global corporate identity. Court records cited in the report noted that Nintendo secured trademark registration in India as early as 1983, giving it longstanding legal protection in the country.

The dispute surfaced after Nintendo discovered in November 2025 that a company named Nintendo India Private Limited had been incorporated with the Registrar of Companies in Patna. Investigations revealed that the business was engaged in real estate activities, despite carrying the globally recognised gaming brand’s name.

Before moving court, Nintendo issued a cease-and-desist notice in February 2026. While one of the company’s directors informed Nintendo that the disputed name had not been used commercially and expressed willingness to accept a permanent injunction, the remaining defendants did not appear before the court.

In its order, the High Court observed that Nintendo’s trademark enjoys substantial reputation and goodwill in India, entitling it to protection even in relation to unrelated goods and services under the Trade Marks Act, 1999. The court held that continued use of the disputed corporate name could create consumer confusion and dilute Nintendo’s well-established brand identity.

The ruling adds to a growing line of judicial decisions reinforcing protection for well-known trademarks in India, with courts increasingly extending safeguards against unauthorised commercial use even outside a brand’s primary line of business.