Delhi High Court rejects Niva Bupa's trademark claim against influencer

The Delhi High Court has dismissed a trademark infringement suit brought by Niva Bupa Health Insurance Company Limited against a social media influencer. In an order dated September 21, 2026, Justice A. J. Bhambhani stated that the case did not fall under intellectual property law and was improperly filed before the Intellectual Property Division, characterizing it as a misuse of the court's special jurisdiction.

The insurance company had sought an injunction against content posted by the influencer, along with damages and an apology, alleging that the posts disparaged the company and infringed upon its trademark. Niva Bupa argued that the influencer's use of its name to criticize its services constituted trademark infringement, citing specific sections of the Trademarks Act and the Delhi High Court's IP Division Rules.

However, the court determined that the influencer's use of the company's name was merely a reference and not for commercial purposes in a manner that would constitute trademark infringement under the Act. Crucially, the court established that the influencer was not in the insurance business, thus negating the claim of use "in the course of trade." The court initially ordered the plaint to be returned for filing in a court with appropriate jurisdiction, but later allowed Niva Bupa to withdraw the suit and refile it as a standard civil case, subject to nominal costs.

The dispute originated from a consumer complaint regarding a medical insurance claim against Niva Bupa, and subsequent regulatory actions taken against the company. The influencer's content reportedly addressed these issues. The court's decision did not rule on the merits of whether the influencer's posts were defamatory or unlawful, focusing solely on the appropriateness of the forum.