House of Masaba Lifestyle Private Limited Vs. Masabacoutureofficial.co

Brief Facts

The plaintiff, House of Masaba Lifestyle Private Limited, is a fashion brand founded by Ms. Masaba Gupta in 2009, engaged in selling bridal lehengas, jewelry, sarees, gowns, apparel for men and women, and designer clothing. The plaintiff is the registered proprietor of the trademark “MASABA” and various other related marks in multiple classes, with registrations dating back to 2010. The plaintiff alleged that the defendants, operating under the Instagram handles “masabacoutureofficial.co” and “masabacouture.in,” were using the impugned trademark “MASABA”/“MASABA COUTURE” for identical goods and services. The plaintiff contended that such unauthorized use was misleading consumers into believing that the defendants were associated with the plaintiff’s brand, thereby constituting trademark infringement, passing off, and unfair trade practices.

Issues

The primary issue before the court was whether the defendants' use of the marks “MASABA”/“MASABA COUTURE” on their social media platforms and in their business operations amounted to trademark infringement and passing off, thereby warranting an interim injunction. Additionally, the court had to determine whether the plaintiff had established a prima facie case, where the balance of convenience lay, and whether any irreparable harm would be caused to the plaintiff in the absence of an injunction.

Submissions of Parties

The plaintiff, through counsel, contended that it had exclusive rights over the trademarks “MASABA” and “HOUSE OF MASABA” and that the defendants' unauthorized use of these marks was malafide and dishonest. The plaintiff emphasized that the defendants’ actions created confusion among consumers and diluted the distinctiveness of its trademarks. The plaintiff further submitted that multiple customers had reported being misled by the defendants and had even created Instagram pages highlighting fraudulent activities associated with the defendants. The plaintiff argued that unless immediate relief was granted, it would suffer irreparable harm. 

Reasoning and Analysis of the Judge

Justice Amit Bansal, after considering the plaintiff’s submissions and examining the evidence, held that the plaintiff had made out a prima facie case of trademark infringement. The court noted that the defendants’ use of the marks was likely to deceive consumers into believing that their products were associated with the plaintiff’s brand, thereby amounting to passing off. The court further held that the balance of convenience was in favor of the plaintiff since allowing the defendants to continue using the infringing marks would cause substantial harm to the plaintiff’s reputation and business. Additionally, the court found that the plaintiff would suffer irreparable harm if interim relief was not granted, as the unauthorized use of its trademarks could lead to consumer confusion and damage to its brand equity.

Decision of the Judge

The court granted an interim injunction restraining the defendants, their agents, and all others acting on their behalf from using the impugned trademarks “MASABA”/“MASABA COUTURE” or any other deceptively similar mark. The court also directed Instagram, as an intermediary, to take down the impugned pages upon receipt of communication from the plaintiff and to provide the complete contact details of the defendants available with them. 

Case Title: House of Masaba Lifestyle Private Limited Vs. Masabacoutureofficial.co

Date of Order: February 18, 2025

Case No.: CS(COMM) 143/2025

Name of Court: High Court of Delhi

Name of Judge: Hon’ble Mr. Justice Amit Bansal