Trademark victory for Metro Brands: Court orders injunction against infringing company
In its ruling, the Court emphasized that the addition of the prefix "DESI" to “Mochi” did not eliminate the confusion between the two marks. The Court granted Metro Brands an interim injunction, restraining Nice Shoes from using “DESIMOCHI” and ordering the transfer of the domain “www.desimochi.com” to Metro Brands.
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Metro Brands Ltd., one of the Indian footwear specialty retailer, has secured legal protection for its well-known trademark “Mochi.” In a significant development, the Bombay High Court declared “Mochi” a “well-known mark” under the Trademarks Act, following a trademark infringement case against Nice Shoes LLP, which had used the mark “DESIMOCHI” for its products and website.
The case arose when Metro Brands Ltd. filed a lawsuit accusing Nice Shoes LLP of using the confusingly similar mark “DESIMOCHI” on their website, which sells various products, including footwear. Metro Brands argued that this use was likely to mislead consumers and damage the reputation of its long-established “Mochi” brand, which has been recognized in India since 1977.
In its ruling, the Court emphasized that the addition of the prefix "DESI" to “Mochi” did not eliminate the confusion between the two marks. The Court granted Metro Brands an interim injunction, restraining Nice Shoes from using “DESIMOCHI” and ordering the transfer of the domain “www.desimochi.com” to Metro Brands.
“We are pleased with the Court’s decision, which reaffirms the strength and recognition of the ‘Mochi’ brand in India. Metro Brands remains committed to safeguarding its intellectual property and ensuring that its customers are not misled by counterfeit or infringing products,” said Deepa Sood, Vice President Legal & Company Secretary, at Metro Brands Ltd. "We will continue to take strong legal measures to protect the integrity of our brands and maintain the trust that our customers have placed in us for decades."
