Bombay High Court Grants Ad-Interim Injunction to Jawed Habib Against Trademark Infringement Post-Franchise Expiry - 2026-01-06

Beyond the Expiry: Bombay High Court Halts Unauthorized Trademark Use by Former Franchisee

In a significant move to protect intellectual property rights within the franchising sector, the High Court of Bombay has granted an ad-interim injunction in favor of beauty industry stalwart Jawed Habib Hair & Beauty Limited . The ruling effectively bars a former business partner, Kavita Janki Services Private Limited , from continuing the unauthorized use of the renowned 'Jawed Habib' branding and associated trademarks following the expiration of their franchise agreement.

A Partnership Ended, but the Brand Shared

The dispute centers on a franchise agreement that granted Kavita Janki Services Private Limited the right to operate under the 'Jawed Habib' trade name from May 2014 to May 2017. While the agreement concluded in 2017 due to the efflux of time, the Plaintiff alleged that the Defendant continued to hold itself out as an authorized service provider, utilizing the protected trademarks, logos, and proprietary artistic labels long after the license had lapsed.

Despite legal outreach—including a formal cease and desist notice issued by the Plaintiff in June 2024—the Defendant reportedly ignored the communication and maintained its operations under the disputed branding. With no appearance entered by the Defendant during the court proceedings, the Plaintiff sought the court’s intervention to stop the continued infringement and passing-off of their services.

Legal Analysis: The End of Permitted Use

The court, presided over by Justice Sharmila U. Deshmukh, focused on the fundamental transition from "permitted use" to "infringement." The Bench observed that the franchise agreement served as prima facie evidence of the Plaintiff's ownership and the temporary, conditional nature of the Defendant's rights.

"Upon the expiry of the franchise agreement by reason of efflux of time, the Defendant is no longer permitted to use the registered trade marks of the Plaintiff in respect of identical salon services," the court noted. Furthermore, the court emphasized that without an active agreement, the Defendant lacked any legal defense to justify the continued utilization of intellectual property that clearly belongs to the Plaintiff.

To prevent a multiplicity of proceedings, the High Court also allowed the Plaintiff’s Leave Petition under Clause XIV of the Letters Patent, enabling the combined litigation of both the trademark infringement and the passing-off claims.

Key Observations

• On Ownership: "The franchise agreement produced on record would prima facie indicate the acceptance of ownership of the Plaintiff in the registered trademarks and the permitted use by the Plaintiff during the subsistence of the agreement."
• On Unauthorized Use: "There is no probable defense as the franchise agreement demonstrates that the Defendant cannot claim any independent right in use of the registered trademarks upon expiry of the franchise agreement."
• On Sustained Infringement: "The additional affidavit encloses the photograph taken on 18th December, 2025 of the Defendant’s establishment which shows the continued use of the Plaintiff’s registered trademark."

The Verdict: Protecting Brand Integrity

The High Court has issued a sweeping ad-interim order, restraining the Defendant from using the "Jawed Habib" trademark, the "JH" logo, and related artistic labels. The injunction extends to the rendering of services such as hair cutting, styling, and body waxing.

This decision serves as a stern reminder to commercial entities regarding the sanctity of contractual boundaries in intellectual property licensing. For franchisors, it reinforces the court’s promptness in protecting goodwill and brand reputation when former partners refuse to relinquish trademark usage after a contract has expired. The matter is currently scheduled for further consideration on 3rd February 2026.