DELHI: Today, Delhi High Court has granted an ex-parte injunction in the favor of ‘SOCIAL’ one of the famous restaurant and bar chains in the Capital.
The Bench headed by Justice Jyoti Singh directed Jharkhand-based restaurant ‘SOCIAL 75’ from using its registered trademark ‘SOCIAL’. Further, the court also directed to remove all references from third-party websites, where its services are sold, offered, or advertised.
Impresario Entertainment and Hospitality Private Limited filed a suit against Social 75, They informed that the intent of using the impugned trademark was to indicate to the public that Social had opened its 75th outlet in the city of Jamshedpur.
In reply, the “SOCIAL” Delhi informed that the adoption of the impugned trademark was dishonest and deliberate, with a view to encash its reputation, and was contrary to honest practices in business and trade.
It was claimed that Social was a prior adopter and user of its registered trademark ‘SOCIAL’ and its variants and use of the impugned mark SOCIAL 75 amounted to infringement under section 29 of the Trade Marks Act.
Social also argued that the reviews and ratings posted by the general public with respect to the restaurant SOCIAL 75 on different online portals like Zomato, Facebook, and Google revealed that the services offered by it were substandard, therefore adversely affecting Social’s goodwill in respect of high-quality restaurants.
“Having heard learned counsel for the Plaintiff, this Court is of the view that Plaintiff has made out a prima facie case for grant of ex parte ad-interim injunction, as the impugned trademark is deceptively similar to the registered trademark of the Plaintiff. Balance of convenience lies in favor of the Plaintiff and it is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted,” the Court ordered.