Ex-Parte Injunction Granted For Copyright Infringement in Designer Menswear; Former Employees Restrained From Using Client Data: Delhi High Court - 2025-09-10

Delhi High Court Restrains Ex-Employees' Fashion Label in Copyright Infringement Suit by Designer Arjan Dugal

New Delhi – The Delhi High Court has granted an ex-parte ad-interim injunction in favour of renowned menswear designer Arjan Dugal, restraining his former employees from manufacturing and selling garments that allegedly infringe upon his label's copyrights and trade dress. The court also barred the defendants from using the designer's confidential client database to solicit business for their new competing brand.

The order was passed by Justice Tejas Karia in a commercial suit filed by Mr. Arjan Dugal against his former merchandiser, Mr. Shubham Gandhi, and his wife, who have launched a menswear label named ‘So.Man’.

Background of the Dispute

The plaintiffs, Mr. Arjan Dugal and his firm, established the eponymous designer label in 2014, gaining recognition for its unique "neo-menswear" silhouettes that blend classic Indian treatments with modern aesthetics. The suit alleged that Mr. Shubham Gandhi, who worked as a Merchandiser and Fashion Consultant for Dugal from April 2019 to June 2024, misappropriated proprietary designs, trade secrets, and a confidential client database of approximately 6,000 customers to launch a competing business.

The plaintiffs contended that Mr. Gandhi, along with his wife (also a former employee), used this confidential information as a "spring board to jumpstart his own venture," causing significant harm to Dugal's business and goodwill.

Plaintiffs' Arguments

Senior Counsel for Arjan Dugal argued that the defendants' brand, ‘So.Man’, was a blatant imitation of Dugal's signature style. Key arguments included:

• Copyright and Trade Dress Infringement: The defendants allegedly copied distinctive and recognizable features of Dugal's garments, such as tone-on-tone embroidery, specific neckline cuts, built-in pocket squares, and upturned cuffs with unique print or embroidered details.
• Misappropriation of Client Data: Mr. Gandhi was accused of unauthorisedly accessing and using the plaintiffs' entire client database to promote his new label, despite an initial good-faith understanding to only contact a limited, pre-approved list of clients.
• Passing Off: The plaintiffs presented a side-by-side comparison of garments, highlighting striking similarities in design, embroidery, colour schemes, and even the collection name ('The Shacket'). It was argued that the defendants were attempting to pass off their lower-priced goods as originating from or being associated with the established 'Arjan Dugal' brand.
• Breach of Confidence: During his employment, Mr. Gandhi was privy to confidential information, including design techniques and trade secrets, which he allegedly used to create his infringing collection.

Court's Prima Facie Findings and Injunction

After reviewing the pleadings and evidence, Justice Karia observed that the plaintiffs had successfully established a prima facie case for the grant of an ex-parte ad-interim injunction. The court noted that the balance of convenience was in the plaintiffs' favour and that they would suffer irreparable injury if immediate relief was not granted.

The court issued a comprehensive injunction with the following key directions against the defendants:

• Restraint on Infringing Garments: The defendants are restrained from manufacturing, marketing, or selling garments that infringe the copyrights of the plaintiffs’ original artistic works, including specific collections like 'Vertical Dori' and 'The Shacket'.
• Trade Dress Protection: They are barred from using any trade dress, get-up, embroidery work, or other features identical or deceptively similar to the plaintiffs' designs.
• Removal of Online Content: The defendants must remove all infringing content from their websites, social media pages (including Instagram and Facebook), and any third-party e-commerce platforms.
• Prohibition on Using Client Data: The court explicitly restrained the defendants from using, accessing, or soliciting clients from the plaintiffs' proprietary database.

Appointment of a Local Commissioner

To ensure compliance with its order, the court also appointed a Local Commissioner to visit the defendants' premises in Noida. The Commissioner is empowered to inspect and seize all infringing garments, manufacturing materials, and client data. The Commissioner can also obtain account books to determine the extent of sales and, if necessary, seek police assistance to execute the commission.

The matter is scheduled for the next hearing on December 17, 2025.