Delhi High Court Grants Relief to House of Masaba in Trademark Infringement Case

Case Background:

In a notable legal victory for House of Masaba, the Delhi High Court has granted an interim injunction against Defendants accused of infringing upon the “MASABA” trademark. The Court ordered restrained the Defendants from using the marks “MASABA” and “MASABA COUTURE”, along with Instagram handles “masabacoutureofficial.co” and “masabacouture.in”, which were allegedly misleading consumers by falsely associating with the Plaintiff’s brand.

Facts:

• The Plaintiff Ms. Masaba Gupta founded the “HOUSE OF MASABA” in the year 2009, which is a fashion brand engaged in the business of bridal lehngas, jewellery, sarees, gowns, apparels for men, kurta, shirts, designer clothing etc.
• House of Masaba Lifestyle Private Limited is the registered proprietor of the trademark “MASABA” in various classes dating back to the year 2010.
• The Defendants were found using the trademark “MASABA” on their impugned Instagram page “masabacoutureoffical.co” and masabacouture.in” wherein the Defendants are using the trademark “MASABA”/ “MASABA COUTURE” for identical Goods and Services.

Issues:

1. Whether the Defendants’ use of “MASABA” constituted a prima facie case of trademark infringement?

Plaintiff’s Argument

• The Plaintiff contended that the Defendants’ adoption and use of impugned trademarks is malafide and dishonest as the Defendants are misleading the consumers by drawing association with the Plaintiff.
• The Plaintiff argued that, given the widespread sales, promotional, and advertising activities undertaken by the Plaintiff, it has the sole and exclusive rights over the trademark “MASABA.”
• The Plaintiff as evidence, submitted the screenshots of the Defendants Instagram handles.
• The Plaintiff also brought the attention of the Court various Instagram pages created by the customers who were defrauded by the Defendants.
• The Plaintiff sought an interim relief to restrain the Defendant from using the said trademark.

No one appeared on behalf of the Defendants in the present matter

Court’s Reasoning & Analysis:

The Court found that Plaintiff had made out a strong prima facie case by showing its prior and extensive use of the “MASABA” mark, which had gained recognition not only in India but also internationally. The Defendants’ use of the marks “MASABA” and “MASABA COUTURE”, particularly in the fashion industry, was found to be deceptively similar to the Plaintiff’s registered trademarks. The visual and phonetic similarity, combined with the overlap in goods and services offered, created a high likelihood of consumer confusion.

The Court noted that the Defendants’ action of adopting identical or nearly identical marks for identical products indicated a dishonest intention to ride on the Plaintiff’s reputation and mislead consumers into believing that their products were associated with or endorsed by House of Masaba. Hence, the court directed that the defendants and all other acting on the behalf of defendants are restrained from using the impugned trademark “MASABA”/ “MASABA COUTURE” and Instagram handles, or any other mark or name as may be identical or is deceptively similar to the Plaintiff’s registered trademark. Further, the Court also directed that the intermediary “Instagram” on whose platform the impugned pages are available shall take down such pages upon the request of the Plaintiff and provide the complete contact details of the Defendant to the Plaintiff.

Conclusion:

By granting an interim injunction in favour of the Plaintiff, the Court not only safeguarded the distinctiveness and goodwill associated with the “MASABA” brand by the House of Masaba but also sent a clear message that infringers attempting to exploit the reputation and consumer trust built by established brands will face strict judicial scrutiny. The Court’s directive to Instagram to remove the infringing pages and disclose the Defendants’ details highlights the evolving role of digital platforms in enforcing intellectual property rights.