Delhi High Court Grants Interim Relief To 'SOCIAL' Restaurant Chain, Restrains Jharkhand Based Restaurant 'SOCIAL 75' From Using Its Trademark

Granting ex-parte ad-interim injunction in favour of famous restaurant and bar chain 'SOCIAL', the Delhi High Court has restrained a Jharkhand based restaurant 'SOCIAL 75' from using its registered trademark 'SOCIAL'.

Justice Jyoti Singh also directed SOCIAL 75 to remove all references from third party websites, where its services are sold, offered or advertised.

The Court was of the view that SOCIAL had made out a prima facie case for grant of ex parte ad-interim injunction, as the impugned trademark SOCIAL 75 was deceptively similar to the SOCIAL's registered trademark.

The suit was filed by Impresario Entertainment and Hospitality Private Limited against Social 75, a restaurant situated in Jharkhand's Jamshedpur city, claiming 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.

Social had argued that the adoption of the impugned trademark was dishonest and deliberate, with a view to encash on 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 sec. 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 Zomato, Facebook and Google revealed that the services offered by it were substandard, thereby 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 favour of the Plaintiff and it is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted," the Court ordered.

Case Title: IMPRESARIO ENTERTAINMENT AND HOSPITALITY PVT LTD v. SOCIAL 75 THROUGH ITS PROPRIETOR

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