HC Issues Temporary Injunction Due to Trademark Similarity

The Delhi High Court has issued a temporary restraining order against Star Hospitality, which operates a Vadodara-based restaurant named  ‘SOCIAL AFFAIR,’ due to trademark similarity to Impresario Entertainment & Hospitality Pvt. Ltd.’s registered ‘SOCIAL’ mark. This ex parte ad interim injunction came after Impresario, the plaintiff, filed for interim relief, arguing that the similarity between the marks could confuse the public.

Justice Saurabh Banerjee, who reviewed the case, noted that the defendant’s use of ‘SOCIAL AFFAIR’ was closely aligned with the plaintiff’s registered ‘SOCIAL’ trademark, adding only the suffix ‘AFFAIR’ in an attempt to capitalise on the plaintiff’s established brand. The court highlighted that this could mislead the public into believing that the Vadodara restaurant is affiliated with the plaintiff’s well-known chain of restaurants and bars.

The court emphasised that Impresario, as the prior adopter and owner of the ‘SOCIAL’ trademark, is entitled to protection. It found that the addition of ‘AFFAIR’ did not sufficiently distinguish the defendant’s mark from the plaintiff’s. An average consumer might wrongly assume that the Vadodara outlet is a new location of the plaintiff’s established chain.

The court concluded that allowing the defendant to continue using the disputed mark would likely cause irreparable harm to Impresario. Thus, it ordered the defendant and its affiliates to cease using the ‘SOCIAL’ trademark or any similar mark until the next hearing. The case is scheduled for  16  January  2025, with summons issued for the main lawsuit.

Impresario argued that its ‘SOCIAL’ trademark is well-known, used extensively across India in its restaurants, coffee shops, and bars, and advertised widely. The plaintiff contends that the similarity of the ‘SOCIAL AFFAIR’ name is misleading and detrimental to its business, causing confusion among customers.

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Akash G Varadaraj

Content Writer at Vakilsearch

I'm Akash. G. Varadaraj, an official content writer at Vakilsearch with over four years of experience. I'm here to simplify complex legal concepts into easily accessible articles that even a layman can understand. As a regular contributor to this news portal, I aim to keep you informed in the dynamic world of law, compliance, taxation, and much more. I ensure that you get to know our Vakilsearch expert's take on every piece of news, how it can help, and what you should do.

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