Ad-interim relief extended to protect Airline Marketing Services India's registered trademark against unauthorized use by John Doe Ashok Kumar.
The Bombay High Court has issued an ad-interim order to suspend public access to an Instagram handle allegedly involved in trademark infringement against Airline Marketing Services India Private Limited. The court's decision, delivered by Justice Smt. Sharmila U. Deshmukh, comes in response to a complaint that Defendant No.1, identified as John Doe Ashok Kumar, was using a registered trademark belonging to the plaintiff on an Instagram handle to offer similar services, leading to public confusion and deception.
The court had previously granted ad-interim relief in December 2025, directing the defendants to cease activities infringing on the plaintiff's trademark. Despite multiple attempts to serve notice through email, WhatsApp, and Instagram direct messages, Defendant No.1 continued to operate the infringing account. The persistent infringement compelled the court to order Defendant No.2, associated with the platform hosting the infringing account, to disable public access to the handle as identified in the plaintiff's complaint.
The plaintiff's legal team, represented by Mr. Hiren Kamod, argued that the unauthorized use of the trademark was misleading the public into believing they were booking travel services through the plaintiff’s official channels. The court acknowledged the potential for confusion and deception, reinforcing the importance of protecting registered trademarks from unauthorized use.
In her oral order, Justice Deshmukh emphasized the need for immediate action to prevent further infringement, highlighting the court's commitment to enforcing intellectual property rights. The court granted additional ad-interim relief, extending the protections previously ordered.
The case is scheduled for further hearing on July 8, 2026, with the ad-interim relief remaining in place until then. This decision underscores the judicial system's role in safeguarding the interests of trademark holders against unauthorized use in the digital age.
Bottom line:-
Trademark infringement - Ad-interim relief granted to disable public access to an Instagram handle causing trademark infringement and confusion among the public.
Statutory provision(s): Trade Marks Act, 1999, Civil Procedure.
