The Delhi High Court has issued a temporary injunction in favour of fashion designer Masaba Gupta’s brand House Of Masaba Lifestyle Private Limited, against trademark infringement of its ‘Masaba’ and ‘House of Masaba’ marks by certain Instagram pages/handles.
The plaintiff–House Of Masaba Lifestyle Pvt Ltd., had submitted that the Instagram pages of the defendants were using its registered trademarks. The defendant’s websites include ‘masabacoutureofficial.co’ and ‘masabacouture.in’.
Justice Amit Bansal in his interim order said, “The case set up in the plaint is that the defendants’ adoption and use of the impugned trademarks is malafide and dishonest as the defendants are misleading the consumers by drawing association with the plaintiff and the same is detrimental to the distinctive character of the plaintiff’s trademark “MASABA”. In view of the aforesaid, the plaintiff has made a prima facie case in its favour. This Court is of the view that balance of convenience is also in favour of the plaintiff and against the defendants. The plaintiff is likely to suffer irreparable harm in case the interim order is not granted in favour of the plaintiff“.
“Accordingly, it is directed that the defendants, their proprietor, partners, as the case may be, principal officers, servants, retailers, agents and all others acting for and on behalf of the defendants are restrained from using the impugned trademarks “MASABA”/ “MASABA COUTURE”/ and Instagram handles – “masabacoutureofficial.co” and “masabacouture.in” or any other trademark/trade name as may be identical to or is deceptively similar to the plaintiff’s registered trademarks
The plaintiff submitted that ‘House of Masaba’ founded in 2009, is engaged in the business of bridal lehengas, jewellery, sarees, gowns, apparel for men, kurta, shirts, designer clothing etc. It said that it is the owner of ‘Masaba’ mark in different classes and that the first registration of the mark was in 2010. It stated that due to widespread sale, promotional and advertising activities, the marks including ‘Masaba’ and ‘House of Masaba’ have been the single source identifier of its goods and services.
The plaintiff submitted that the defendants’ adoption and use of the impugned trademarks is malafide and dishonest. It stated that the defendants are misleading the consumers by drawing association with the plaintiff and the same is detrimental to the distinctive character of its Masaba mark.
Observing that a prima facie case was made out by the plaintiff the high court restrained the defendants from using the ‘MASABA”http://www.bing.com/”MASABA COUTURE’ mark and other identical or deceptively similar marks. It also restrained them from using their Instagram handles.
It further directed Instagram to take down the impugned handles and provide the complete contact details of the defendants available with them to the plaintiff. Issuing notice in the interim relief plea, the court listed the matter on July 23.
Case Title: HOUSE OF MASABA LIFESTYLE PRIVATE LIMITED VS. MASABACOUTUREOFFICIAL.CO & ORS.
