Fact:
Fabindia, incorporated in 1960, is a leading Indian retail company specializing in handcrafted goods. It operates numerous retail outlets across major Indian cities and has a significant online presence. Fabindia has secured over 100 trademark registrations for its name 'FABINDIA'.
Recently, Fab India Emporium, a new retail store in Delhi, began selling similar products under a name that closely resembles Fabindia's trademark. Fabindia alleges that this causes consumer confusion and dilutes its brand.
Finding:
The Court's findings supporting the ex-parte ad interim injunction in favor of Fabindia include:
Trademark Strength:
Fabindia's trademark 'FABINDIA' is widely recognized, with over 100 registrations and a longstanding presence in the market.
Likelihood of Confusion:
The defendant's use of "Fab India Emporium" is similar enough to Fabindia's trademark to likely cause consumer confusion.
Balance of Convenience:
The potential harm to Fabindia’s established reputation and business outweighs any inconvenience the defendant might face due to the injunction.
Irreparable Harm:
Without the injunction, Fabindia risks significant harm, including brand dilution and loss of consumer trust, which cannot be adequately compensated through monetary means.
Ratio:
The Court’s rationale for granting the injunction is based on the following points:
Prima Facie Case:
Fabindia has demonstrated a substantial likelihood of success in proving trademark infringement, showing that the defendant’s similar name is likely to deceive consumers.
Balance of Convenience:
The balance of convenience favors Fabindia, as the harm to its reputation and business is greater than any inconvenience to the defendant.
Irreparable Harm:
Fabindia faces irreparable harm if the injunction is not granted, including potential loss of brand distinctiveness and consumer trust, which monetary compensation cannot rectify.
Case Title: Fab India Vs Fab India Emporium
Order Date: 15.05.2024
Case No. CS(COMM) 394/2024,
Neutral Citation:NA
Name of Court: Delhi High Court
Name of Hon'ble Judge: Anish Dayal. H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
