Court grants ex parte interim injunction to Impresario Entertainment, holding that the defendant’s mark is deceptively similar to the well-known “SOCIAL” brand used for restaurants and bars.
The Delhi High Court has granted ex parte ad interim relief to Impresario Entertainment and Hospitality Pvt. Ltd., the company behind the popular “SOCIAL” restaurant and bar chain, restraining a defendant from using the mark “SOCIAL CIRCLE” for hospitality services.
Justice Vikas Mahajan passed the order in a commercial suit filed by Impresario, which claimed infringement and passing off of its registered trademark “SOCIAL”. The court noted that the plaintiff has been operating “SOCIAL” outlets across India since 2012 and has more than 100 trademark registrations for the mark and its variants. The court also took note of its earlier order declaring “SOCIAL” a well-known trademark.
According to the plaintiff, the defendant had been advertising and promoting restaurant and bar services under the impugned mark “SOCIAL CIRCLE” on third-party platforms such as Zomato, Swiggy, Justdial, Magicpin and Google Maps. The plaintiff said it came across the defendant’s use in August 2024 and issued cease-and-desist notices, but received no response.
The court also observed that the defendant had filed a trademark application for “SOCIAL CIRCLE” in Class 43 on a proposed-to-be-used basis in September 2024, though the application later stood abandoned for non-prosecution.
After considering the pleadings and documents placed on record, the court found that the plaintiff had established a strong prima facie case. It held that the rival marks were identical or deceptively similar, that the balance of convenience favoured the plaintiff, and that refusal of interim protection would cause irreparable harm.
The court therefore restrained the defendant, along with its directors, partners, employees, agents, franchisees and other associated persons, from using, selling, marketing, supplying, offering for sale, advertising or otherwise dealing in services under the mark “SOCIAL CIRCLE” or any other identical or deceptively similar mark.
The court also exempted the plaintiff from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, noting that urgent interim relief had been sought. Summons have been issued to the defendant, and the suit has been listed for further proceedings in November and December 2026.
Bottom Line :
Trade Marks Act, 1999 - Infringement and passing off - Plaintiff's mark "SOCIAL" already registered in numerous classes and declared a well-known trademark - Defendant using mark "SOCIAL CIRCLE" for restaurant/bar services - Delhi High Court held plaintiff made out a strong prima facie case and granted ex parte ad interim injunction restraining use of impugned mark or any other identical/deceptively similar mark.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29, Commercial Courts Act, 2015 Section 12A(1), Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908 Section 151, Code of Civil Procedure, 1908 Order XI Rule 1(4)
