Unauthorized, deceptively similar use of a brand mark within the same industry constitutes infringement and passing off. Courts may grant permanent injunctions and declare a trademark well-known when evidence confirms substantial, continuous utility, high market investment, and established consumer recognition, preventing unfair advantage and consumer deception.

JUDGMENT

TEJAS KARIA, J

1. The present Suit has been filed seeking permanent and mandatory injunction against infringement of Trade Marks, ‘SOCIAL’ and ‘ ’ (“Plaintiff’s Marks”) Copyright infringement, passing off, dilution, unfair competition, rendering of accounts and damages.

PROCEEDINGS IN THE PRESENT SUIT:

2. Vide Order dated 13.02.2025, Summons were issued in the present Suit, however, despite service to the Defendant, none appeared on behalf of the Defendant and nor has the Written Statement been filed on behalf of the Defendant and accordingly vide Order dated 02.07.2025, the right of the Defendant to file the Written Statement was closed.

3. None appeared for the Defendant again on 14.08.2025, and the Defendant was therefore directed to be proceeded ex-parte. Vide Order dated 13.11.2025, after conclusion of arguments by the Plaintiff, the judgment was reserved.

SUBMISSIONS ON BEHALF OF THE PLAINTIFF:

4. The learned Counsel for the Plaintiff made the following submissions:

4.1. The Plaintiff is engaged in providing restaurant services, including but not limited to conducting and managing restaurants and coffee shops; operating restaurants and coffee shops; providing expertise relating to provision of food and drink. The Plaintiff in the year 2011-2012, thought of a unique concept of blending the best of office and cafe by offering to the general public a collaborative workspace and a multi cuisine menu. The Plaintiff’s Marks were adopted in respect of such cafes. The first restaurant / bar under the Plaintiff’s Mark, ‘SOCIAL’ was opened in the year 2014 in Bengaluru.

4.2. Since the business model of the Plaintiff was to open multiple restaurants / bars under the Plaintiff’s Marks in one city, they coined the unique concept of prefixing the Plaintiff’s Marks with the particular area of the city in which the restaurant / bar would be located. The Plaintiff coined the name of the restaurant / bar according to the area of the city in which the restaurant / bar was being opened, to indicate to the general public the area in which the cafe was located in each city and would be nearest to them for a visit.

4.3. At present, the Plaintiff has set up and is managing and operating fifty five restaurants / bars pan India under the Plaintiff’s Marks. The Plaintiff’s restaurants / bars have become very popular in India and have also received several awards for excellent services in the Industry. The Plaintiff has invested considerable time and money in developing the manner of serving its food and beverages at the restaurants / bars under the Plaintiff’s Marks. The Plaintiff unique manner of presentation / serving and the same have become immensely popular among the general public and is associated only with the Plaintiff.

4.4. The Plaintiff also owns and operates an exclusive website at www.socialoffline.in (“Plaintiff’s Website”). The Plaintiff’s Website is dedicated solely to the Plaintiff’s business, products, restaurants and / or bars under the Plaintiff’s Marks. The said Plaintiff’s Website is accessible throughout the world, including in India. Through the Plaintiff’s Website, the Plaintiff reaches out to the general public at large, including its present and potential customers, and promotes restaurants / bars and products under the Plaintiff’s Marks. The Plaintiff’s Website also provides the details of the various outlets of the Plaintiff under the Plaintiff’s Marks across India.

4.5. The Plaintiff’s Marks also enjoy extensive and widespr