Bombay High Court grants interim relief to ‘Social' pub chain in trademark case against 'Social Tribe'

The Bombay High Court recently granted interim relief to the well-known bar and restaurant chain ‘Social’ in a trademark infringement suit against a Mumbai-based restaurant (defendant) operating under the name ‘Social Tribe’ [Impresario Entertainment And Hospitality Private Limited v Social Tribe]..The relief comes in response to a plea by Impresario Entertainment and Hospitality Pvt. Ltd., the owners of the ‘Social’ brand, who alleged that the defendant’s use of a deceptively similar name constituted trademark infringement and passing off.A single Bench of Justice Sharmila Deshmukh proceeded to grant the owners of Social interim relief. “A brazen attempt is made by the Defendant to infringe the said trade mark which requires to be restrained. it also cannot be disputed that Plaintiff has robust presence in the restaurant business which is prima facie demonstrated from the sales turn over figures and promotional expenses set out. In event, the Defendant is not restrained, despite a prima facie case being made out, the Plaintiff will suffer irreparable loss, harm and prejudice," the Court reasoned. The Court ordered that the defendant is restrained and prohibited from using, manufacturing, selling, distributing, advertising or displaying the mark ‘SOCIAL’ or any deceptively similar variants, until a final decision on the trademark case. .The plaintiff, Impresario Entertainment, had told the Court that it has been operating under the ‘SOCIAL’ trademark since 2001, running over 50 restaurants and bars across India. It holds more than 100 registrations of the mark ‘SOCIAL’ and its formatives in several classes, including class 43, covering restaurant and hospitality services.The plaintiff claimed that the defendant’s use of the name ‘Social Tribe’ is not only confusingly similar but also exploits the goodwill and reputation built around the ‘SOCIAL’ brand, which has garnered significant consumer recognition and a cumulative turnover of ₹1,500 crores over the years. Cease-and-desist notices were issued in 2022, to which the defendant did not respond, prompting the plaintiff to initiate legal proceedings.The Court found prima facie merit in the plaintiff’s case, noting that the defendant’s mark was “deceptively similar” to the plaintiff’s and that the addition of the word “Tribe” did not dilute the likelihood of confusion. “The Plaintiff being proprietor of the registered trade mark is entitled to exclusive use of the registered trade mark and its formatives and there are various orders passed by the Delhi High Court," the Court held. .Advocates Hiren Kamod, Shikha Sachdeva, Rahul Punjabi, Kranav Kapur, Radhika Arora , and Annie Jacob instructed by Rahul Punjabi appeared for Impresario Entertainment. .[Read Order]