Legal Provisions Involved: Trade Marks Act, 1999 – Sections 2(1)(zg), 28 and 29
Judgement By: Delhi High Court
Judge/Bench: Justice Tejas Karia
Facts
The plaintiff is a restaurant and café chain that has been using the brand name “SOCIAL” since 2014. The mark is registered under Class 43 for hospitality services. A café in Gujarat started operating under the name “THE SHAKE SOCIAL” and offered similar food and café services.
The defendant also promoted its business through online food delivery platforms and social media. The defendant did not appear before the court, so the case was heard without its participation.
Key Legal Provisions
Trade Marks Act, 1999 – Sections 2(1)(zg), 28 and 29
Issues Raised
- Whether the defendant’s use of the word “SOCIAL” infringed the plaintiff’s registered trademark.
- Whether such use could confuse customers and weaken the plaintiff’s brand.
Arguments of the Case
The plaintiff argued that its brand was well-known and widely recognised across India. It claimed that the defendant’s mark was too similar and would mislead customers into believing both businesses were connected.
Judgement
The Delhi High Court agreed with the plaintiff. It held that both businesses offered the same services to the same customers, which could cause confusion. The court stopped the defendant from using the mark and recognised “SOCIAL” as a well-known trademark. No compensation was granted.
Click here to VIEW the full judgement.
