Bombay HC grants interim relief to 'Social' pub chain in trademark dispute against 'Social Tribe'
Impresario, which has been using the ‘Social’ trademark since 2001, operates over 50 outlets across the country and holds more than 100 trademark registrations, including those under Class 43 for hospitality services.
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The Bombay High Court granted interim relief to Impresario Entertainment and Hospitality Pvt. Ltd., the owners of the widely recognized 'Social' chain of bars and restaurants, in a trademark infringement case against a Mumbai-based establishment operating under the name 'Social Tribe', as per a Bar & Bench report.
Justice Sharmila Deshmukh, presiding over the single-judge bench, found merit in the plaintiff's claims and noted that there was a prima facie case of trademark infringement and passing off. "A brazen attempt is made by the Defendant to infringe the said trade mark which requires to be restrained," the Court observed.
Impresario, which has been using the 'Social' trademark since 2001, operates over 50 outlets across the country and holds more than 100 trademark registrations, including those under Class 43 for hospitality services.
The company argued that the defendant's use of the name 'Social Tribe' was deceptively similar and amounted to unfair exploitation of the brand's goodwill, which has accumulated a turnover of Rs 1,500 crore over the years, the report added.
Despite cease-and-desist notices issued in 2022, the defendant reportedly failed to respond, prompting Impresario to seek judicial intervention.
The Court noted that simply appending the word "Tribe" did not diminish the likelihood of confusion among consumers. “The Plaintiff being proprietor of the registered trade mark is entitled to exclusive use of the registered trade mark and its formatives,” the order stated, citing earlier rulings from the Delhi High Court in similar disputes.
As a result, the Bombay High Court has restrained the defendant from using, manufacturing, selling, distributing, advertising, or displaying the name 'SOCIAL' or any deceptively similar variants until the matter reaches a final resolution.
